I

103D CONGRESS

1ST SESSION H. R. 1066

To implement the Protocol on Environmental Protection to the Antarctic

Treaty, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 23, 1993

Mr. STUDDS introduced the following bill; which was referred jointly to the

Committees on Merchant Marine and Fisheries, Science, Space, and

Technology, and Foreign Affairs

A BILL

To implement the Protocol on Environmental Protection to

the Antarctic Treaty, 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 Protocol Act of 1993’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—The Congress finds the following:

8 (1) The Protocol on Environmental Protection

9 to the Antarctic Treaty establishes international

10 mechanisms and creates legal obligations necessary
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1 for the establishment of Antarctica as a natural re2 serve, devoted to peace and science.

3 (2) The Protocol serves important United

4 States environmental and resource management in5 terests, while at the same time preserving the free6 dom of scientific investigation in Antarctica.

7 (3) The Protocol represents an important con8 tribution to United States long-term legal and politi9 cal objectives of maintenance of Antarctica as an

10 area of peaceful international cooperation.

11 (4) The United States needs to establish new

12 legal arrangements to fulfill its obligations under the

13 Protocol, and to provide comprehensive environ14 mental protection for Antarctica that will maintain

15 Antarctica as a platform for the conduct of research

16 essential to understanding the global environment.

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

18 the legislative authority necessary to implement, with re19 spect to the United States, the Protocol on Environmental

20 Protection to the Antarctic Treaty.

21 SEC. 3. DEFINITIONS.

22 For purposes of this Act—

23 (1) ‘‘Administrator’’ means the Administrator

24 of the Environmental Protection Agency.

25 (2) ‘‘Antarctica’’—
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1 (A) means the area south of 60 degrees

2 south latitude, except that with respect to min3 eral resource activity and living marine re4 sources, the term means the area south of the

5 Antarctic Convergence as defined in section

6 303(1) of the Antarctic Marine Living Re7 sources Convention Act of 1984 (16 U.S.C.

8 2432(1)); and

9 (B) includes all ice shelves in that area.

10 (3) ‘‘Antarctic mineral resource activity’’—

11 (A) means prospecting, exploration, or de12 velopment in Antarctica; and

13 (B) does not include scientific research

14 within the meaning of article III of the Ant15 arctic Treaty.

16 (4) ‘‘Antarctic Treaty’’ means the Antarctic

17 Treaty signed in Washington, D.C., on December 1,

18 1959.

19 (5) ‘‘Development’’—

20 (A) means any activity, including logistic

21 support, which takes place following explo22 ration, the purpose of which is exploitation of

23 specific Antarctic mineral resource deposits;

24 and
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1 (B) includes processing, storage, and

2 transport activities.

3 (6) ‘‘Director’’ means the Director of the Na4 tional Science Foundation.

5 (7) ‘‘Exploration’’—

6 (A) means any activity, including logistic

7 support, the purpose of which is the identifica8 tion or evaluation of specific Antarctic mineral

9 resource deposits; and

10 (B) includes exploratory drilling, dredging,

11 and other surface or subsurface excavations un12 dertaken to determine the nature and size of

13 mineral resource deposits and the feasibility of

14 their development.

15 (8) ‘‘Harm’’ means to engage or attempt to en16 gage in any of the following:

17 (A) Flying or landing helicopters or other

18 aircraft in a manner that disturbs concentra19 tions of native mammals or native birds.

20 (B) Using vehicles or vessels, including

21 hovercraft and small boats, in a manner that

22 disturbs concentrations of native mammals or

23 native birds.
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1 (C) Using explosives or firearms in a man2 ner that disturbs concentrations of native mam3 mals or native birds.

4 (D) Willfully disturbing breeding or

5 molting native birds or concentrations of native

6 mammals and native birds by persons on foot.

7 (E) Significantly damaging concentrations

8 of native plants, by—

9 (i) landing aircraft, driving vehicles,

10 or walking on native plants, or

11 (ii) similar means.

12 (F) Any activity in Antarctica that results

13 in the significant adverse modification of the

14 habitat of any species or population of native

15 mammal, native bird, native plant, or native in16 vertebrate.

17 (G) Similar practices designated by the

18 Secretary as such by regulation under section 9.

19 (9) ‘‘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

25 (C) does not include ice, water, or snow.
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1 (10) ‘‘Native bird’’ means any member, at any

2 stage of its life cycle (including eggs), of any species

3 of the class Aves which is indigenous to Antarctica

4 or that occurs there seasonally through natural mi5 gration, including any part of any such member.

6 (11) ‘‘Native invertebrate’’ means any terres7 trial, freshwater, or marine invertebrate, at any

8 stage of its life cycle, that is indigenous to Antarc9 tica.

10 (12) ‘‘Native mammal’’ means any member, at

11 any stage of its life cycle, of any species of the class

12 Mammalia, that is indigenous to Antarctica or that

13 occurs there seasonally through natural migration,

14 including any part of any such member.

15 (13) ‘‘Native plant’’ means any terrestrial,

16 freshwater, or marine vegetation (including

17 bryophytes, lichens, fungi, and algae) at any stage of

18 its life cycle (including seeds and other propagules)

19 that is indigenous to Antarctica.

20 (14) ‘‘Person’’ means—

21 (A) any individual, corporation, partner22 ship, trust, association, or other entity existing

23 or organized under the laws of the United

24 States;
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1 (B) any officer, employee, agent, depart2 ment, or other instrumentality of the Federal

3 Government or of any State or political subdivi4 sion thereof; and

5 (C) any foreign individual, corporation,

6 legal entity, or department of any foreign na7 tion, that is subject to the jurisdiction of the

8 United States.

9 (15) ‘‘Prohibited product’’ means—

10 (A) any polychlorinated biphenyl;

11 (B) nonsterile soil;

12 (C) any polystyrene bead, chip, or similar

13 form of packaging;

14 (D) any pesticide (other than a pesticide

15 required for scientific, medical, or hygiene pur16 poses); and

17 (E) any product designated as such by the

18 Secretary by regulation under section 9.

19 (16) ‘‘Prospecting’’ means any activity, includ20 ing logistic support, the purpose of which is the

21 identification of mineral resource potential for pos22 sible exploration and development.

23 (17) ‘‘Protocol’’ means the Protocol on Envi24 ronmental Protection to the Antarctic Treaty, done
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1 at Madrid on October 4, 1991, and all annexes

2 thereto.

3 (18) ‘‘Secretary’’ means the Secretary of Com4 merce, acting through the Under Secretary of Com5 merce for Oceans and Atmosphere.

6 (19) ‘‘Specially managed area’’ means any area

7 within Antarctica, including any marine area, that is

8 designated in accordance with the Antarctic Treaty

9 as an area within which activities are planned and

10 coordinated so as to avoid use conflicts, improve co11 operation, or minimize environmental impacts.

12 (20) ‘‘Specially protected area’’ means any area

13 within Antarctica, including any marine area, that is

14 designated in accordance with the Antarctic Treaty

15 as an area for the protection of its outstanding envi16 ronmental, scientific, historic, aesthetic, or wilder17 ness values, any combination of these values, or on18 going or planned scientific research.

19 (21) ‘‘Specially protected species’’ means—

20 (A) all species of the genus Arctocephalus

21 (fur seal) and all species of the genus

22 Ommatophoca rossii (ross seal); and

23 (B) all other species of native mammal, na24 tive bird, or native plant designated as a spe-
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1 cially protected species by the Secretary pursu2 ant to regulation under section 9.

3 (22) ‘‘Take’’ and ‘‘taking’’ means—

4 (A) to harass, harm, molest, pursue, hunt,

5 shoot, wound, kill, trap, capture, or collect a

6 native mammal or native bird;

7 (B) to remove or damage such quantities

8 of native plants that their local distribution or

9 abundance would be significantly affected; or

10 (C) to attempt to engage in any such con11 duct.

12 (23) ‘‘Vessel of the United States’’ has the

13 meaning provided in section 2101(46) of title 46,

14 United States Code.

15 (24) ‘‘Vessel subject to the jurisdiction of the

16 United States’’ means a foreign vessel—

17 (A) that is used to provide logistic support

18 to United States facilities in Antarctica, or

19 (B) that transports passengers to, from, or

20 in Antarctica, if—

21 (i) there is an agreement between the

22 United States and the flag state of the for23 eign vessel;
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1 (ii) the flag state of the foreign vessel

2 is a party to the Protocol and has referred

3 the matter to the United States; or

4 (iii) the United States may exercise

5 jurisdiction over the vessel in accordance

6 with generally recognized principles of

7 international law.

8 SEC. 4. REPRESENTATIVE, ARBITRATORS, AND INSPEC9 TORS.

10 (a) REPRESENTATIVE TO COMMITTEE FOR ENVIRON11 MENTAL PROTECTION.—

12 (1) The Secretary of State, in consultation with

13 the Secretary and the Administrator, shall appoint

14 an officer or employee of the United States as the

15 United States representative to the Committee for

16 Environmental Protection under the Protocol.

17 (2) The officer or employee shall have the tech18 nical qualifications required to serve in this capacity.

19 (b) ARBITRATORS.—

20 (1) The Secretary of State shall designate up to

21 3 arbitrators to serve on the Arbitral Tribunal to be

22 established under the Protocol.

23 (2) Each arbitrator shall be experienced in Ant24 arctic affairs, have thorough knowledge of inter-
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1 national law, and have the highest reputation for

2 fairness, competence, and integrity.

3 (c) INSPECTORS.—The Secretary of State shall des4 ignate persons to serve as inspectors under Article 14 of

5 the Protocol.

6 (d) COMPENSATION.—The United States representa7 tive to the Committee for Environmental Protection shall

8 receive no additional compensation by reason of that per9 son’s service as such representative.

10 SEC. 5. UNLAWFUL ACTIVITIES.

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

12 (1) to conduct an activity within Antarctica, in13 cluding scientific research, expeditions, and logistical

14 support to United States facilities and bases, in a

15 manner inconsistent with the Protocol;

16 (2) to engage in, finance, or otherwise know17 ingly provide assistance (including logistic support)

18 to any Antarctic mineral resource activity;

19 (3) to introduce into Antarctica any prohibited

20 product;

21 (4) within Antarctica, to conduct open burning,

22 or to operate a landfill at a United States coastal fa23 cility;

24 (5) to bring any dog into Antarctica;
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1 (6) to use leaded fuel within Antarctica at a

2 United States facility or in any aircraft or vessel of

3 the United States or any aircraft or vessel subject

4 to the jurisdiction of the United States;

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

6 Antarctica by any vessel of the United States or any

7 vessel subject to the jurisdiction of the United

8 States, unless the person has an agreement with the

9 vessel owner or operator under which the owner or

10 operator is required to comply with the Act to Pre11 vent Pollution from Ships (33 U.S.C. 1901 et seq.),

12 as amended by this Act;

13 (8) except as authorized by a permit issued

14 under section 6—

15 (A) to take within Antarctica any native

16 mammal or native bird, or any native plant in

17 such quantities that their local distribution or

18 abundance would be significantly affected;

19 (B) to take within Antarctica any specially

20 protected species;

21 (C) to introduce into Antarctica any ani22 mal or any plant that is not indigenous to Ant23 arctica;

24 (D) to enter any specially protected area;
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1 (E) to discharge untreated sewage into the

2 waters or onto the ice shelves of Antarctica; or

3 (F) to operate an incinerator;

4 (9) to violate any provision of this Act, any reg5 ulation promulgated under this Act, or the terms of

6 any permit issued under this Act;

7 (10) to ship, transport, offer for sale, sell, pur8 chase, import, export, or have custody, control or

9 possession of, any native bird, native mammal, na10 tive plant, native invertebrate, or mineral resource

11 which the person knows, or reasonably should have

12 known, was taken in violation of this Act;

13 (11) to refuse to permit any authorized officer

14 or employee of the United States to board a vessel

15 of the United States or a vessel subject to the juris16 diction of the United States for the purpose of con17 ducting any search or inspection in connection with

18 the enforcement of this Act;

19 (12) to forcibly assault, resist, oppose, impede,

20 intimidate, or interfere with any authorized officer

21 or employee of the United States in the conduct of

22 any search or inspection described in paragraph

23 (11);

24 (13) to resist a lawful arrest or detention for

25 any act prohibited by this section;
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1 (14) to interfere with, delay, or prevent, by any

2 means, the apprehension, arrest, or detention of an3 other person, knowing that such other person has

4 committed any act prohibited by this section; or

5 (15) to attempt to commit any act prohibited

6 by this section.

7 (b) EXCEPTION FOR EMERGENCIES.—An activity de8 scribed in subsection (a)(8) shall not be unlawful if it is

9 committed under extreme emergency circumstances speci10 fied by the Secretary under section (9)(b)(9), to prevent

11 the loss of human life or involving the safety of a ship

12 or aircraft.

13 SEC. 6. PERMITS.

14 (a) ACTIVITIES REQUIRING PERMITS.—The following

15 activities shall not be conducted by any person in Antarc16 tica, except in accordance with a permit issued by the Sec17 retary in accordance with this section:

18 (1) The conduct or support by any person of an

19 expedition by vessel of more than 10 passengers to,

20 from, or within Antarctica.

21 (2) The operation of United States facilities

22 within Antarctica, including the construction or de23 commissioning of any United States base, building,

24 or airfield.
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1 (3) Any activity specified under section 5(a)(8)

2 as requiring a permit.

3 (b) CRITERIA FOR PERMITS.—The Secretary may

4 issue a permit which authorizes the conduct within Ant5 arctica of an activity specified in subsection (a), only if

6 the activity is consistent with this Act and the Protocol,

7 including the principles in Article 3 of the Protocol.

8 (c) GENERAL PERMITS.—The Secretary may, by reg9 ulation issued under section 9, issue general permits for

10 any category of activity referred to in subsection (a) in

11 Antarctica if the Secretary determines that the activities

12 in the category are similar in nature and will cause no

13 more than a minor or transitory impact on the environ14 ment of Antarctica when performed cumulatively. Any

15 general permit issued under this subsection shall meet the

16 criteria for the issuance of permits under subsection (b)

17 and any applicable terms and conditions under subsection

18 (g).

19 (d) APPLICATIONS.—

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 Secretary shall pre23 scribe by regulation.

24 (2) The Secretary shall publish notice in the

25 Federal Register of each application which is made
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1 for a permit under this section. The notice shall in2 vite the submission by interested parties, within 30

3 days after the date of publication of the notice, of

4 written data, comments, or views with respect to the

5 application. Information received by the Secretary as

6 a part of any application shall be available to the

7 public as a matter of public record.

8 (e) ACTION ON CERTAIN PERMIT APPLICATIONS.—

9 (1)(A) The Secretary shall refer to the appro10 priate official any application received by the Sec11 retary for a permit under this section requesting au12 thority to undertake an action with respect to—

13 (i) any native mammal which is a marine

14 mammal within the meaning of section 3 of the

15 Marine Mammal Protection Act of 1972 (16

16 U.S.C. 1362);

17 (ii) any native animal, native bird, native

18 plant, or native invertebrate which is an endan19 gered species or threatened species under the

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

21 1531 et seq.);

22 (iii) any native bird which is protected

23 under the Migratory Bird Treaty Act (16

24 U.S.C. 701 et seq.); or
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1 (iv) the discharge of any untreated sewage

2 into the waters or onto the ice shelves of Ant3 arctica other than by a vessel.

4 (B) For purposes of this subsection, the term

5 ‘‘appropriate official’’ means—

6 (i) the Administrator, in the case of an ap7 plication for a permit to undertake an action

8 with respect to the discharge of untreated sew9 age, and

10 (ii) in any other case the Secretary of the

11 Interior or the head of the appropriate office in

12 the Department of Commerce, as determined by

13 the Secretary of Commerce based on statutory

14 responsibilities with respect to the action to be

15 undertaken under a permit.

16 (2) After receiving a copy of any application

17 from the Secretary under paragraph (1), the appro18 priate official shall promptly determine and notify

19 the Secretary whether or not any action proposed in

20 the application would be prohibited by any law ad21 ministered by the appropriate official or otherwise

22 requires a permit or other authorization under any

23 law administered by the appropriate official.

24 (3) If the appropriate official notifies the Sec25 retary that any action proposed in the application
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1 would be prohibited by any law administered by the

2 appropriate official, the Secretary may not issue a

3 permit under this section with respect to the pro4 posed action.

5 (4) If the appropriate official notifies the Sec6 retary that any action proposed in the application

7 requires a permit or other authorization under any

8 law administered by the appropriate official, the Sec9 retary may not issue a permit under this section

10 with respect to the proposed action unless the other

11 required permit or authorization is issued by the ap12 propriate official and a copy thereof is submitted to

13 the Secretary.

14 (5) The issuance of any permit or other author15 ization by the appropriate official for the carrying

16 out of any action with respect to an activity listed

17 in paragraph (1) shall not be considered to entitle

18 the applicant concerned to the issuance by the Sec19 retary of a permit under this section.

20 (f) ISSUANCE OF PERMITS.—As soon as practicable

21 after receiving any application for a permit under this sec22 tion, or, in the case of any application to which subsection

23 (e) applies, as soon as practicable after the applicable re24 quirements of that subsection are compiled with, the Sec25 retary shall issue, or deny the issuance of, the permit.
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1 Within 10 days after the date of the issuance or denial,

2 the Secretary shall publish notice of the issuance or denial

3 in the Federal Register, including a description of any per4 mit terms and conditions.

5 (g) TERMS AND CONDITIONS OF PERMITS.—

6 (1) A permit may not be issued under this sec7 tion for an activity unless—

8 (A) the application for the permit contains

9 sufficient information to allow the Secretary to

10 make a prior assessment of, and informed judg11 ment about, the possible impacts of the pro12 posed activity on Antarctica, including cumu13 lative impacts, and on the value of Antarctica

14 for the conduct of scientific research; and

15 (B) if required by section 7, an environ16 mental impact statement has been prepared and

17 circulated by the Secretary of State to the par18 ties to the Antarctic Treaty and to the Commit19 tee for Environmental Protection in accordance

20 with the Protocol.

21 (2) Each permit issued under this section shall

22 specify—

23 (A) if applicable—

24 (i) the number and species of native

25 mammals, native birds, native plants, or
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1 native invertebrates to which the permit

2 applies;

3 (ii) the amount of sewage which may

4 be discharged in Antarctica under the per5 mit and the conditions for that discharge;

6 (iii) if any native mammal or native

7 bird is authorized to be taken, transported,

8 carried, or shipped under the permit, the

9 manner (which manner must be deter10 mined by the Secretary to be humane) in

11 which such action shall be accomplished,

12 and the area in which any such taking

13 shall occur;

14 (iv) if any plants are authorized to be

15 taken under the permit, the location and

16 manner in which they shall be taken; and

17 (v) if any United States facility, build18 ing, or airfield is to be constructed or de19 commissioned within Antarctica under the

20 permit, the conditions for minimizing the

21 impact of the construction or decommis22 sioning on the environment of Antarctica;

23 (B) the period during which the permit is

24 valid; and
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1 (C) other terms and conditions as the Sec2 retary or appropriate official considers nec3 essary and appropriate to ensure that any ac4 tion authorized under the permit is carried out

5 in a manner consistent with the Protocol, this

6 Act, and the regulations issued under this Act.

7 (3) A permit which authorizes any taking (other

8 than of a specially protected species)—

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

10 providing—

11 (i) specimens for scientific study or

12 scientific information;

13 (ii) specimens for museums, zoological

14 or botanical gardens, or other educational

15 or cultural institutions; or

16 (iii) for the unavoidable consequences

17 of scientific research activities; and

18 (B) shall ensure that—

19 (i) no more native mammals, native

20 birds, and native plants are taken than are

21 strictly necessary to carry out the activities

22 authorized under subparagraph (A);

23 (ii) only small numbers (as deter24 mined by the Secretary) of native mam25 mals, native birds, and native plants are
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1 taken, and in no case more native mam2 mals or native birds than can, in combina3 tion with other permitted takings, normally

4 be replaced by natural reproduction in the

5 following season;

6 (iii) the variety of species and the bal7 ance of the natural ecological systems

8 within Antarctica are maintained; and

9 (iv) the taking is determined, after

10 peer review, to further a bona fide sci11 entific purpose.

12 (4) A permit which authorizes the taking of a

13 specially protected species may be issued only if—

14 (A) there is a compelling scientific purpose

15 for the taking as determined by peer review of

16 the proposed permit;

17 (B) the actions authorized under the per18 mit will not jeopardize any existing natural eco19 logical system or the survival or recovery of

20 that species; and

21 (C) nonlethal techniques are used, if ap22 propriate.

23 (5) A permit which authorizes the introduction

24 of any nonindigenous animal or plant into Antarc25 tica—
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1 (A) may only be issued for animals and

2 plants to be used in a laboratory; and

3 (B) shall require that, prior to the expira4 tion of the permit, the animal or plant shall be

5 removed from Antarctica, unless the Secretary

6 determines that it poses no risk to native mam7 mals, native birds, or native plants.

8 (6) A permit which authorizes the entry into

9 any specially protected area may be issued only if—

10 (A) there is a compelling scientific purpose

11 for the entry as determined by peer review;

12 (B) the actions allowed under any permit

13 will not jeopardize the natural ecological system

14 existing in the area; and

15 (C) the actions allowed under the permit

16 are in accordance with any management plan

17 applicable to that area.

18 (7) A permit which authorizes the operation of

19 United States facilities within Antarctica, including

20 the construction or decommissioning of any United

21 States base, building, or airfield within Antarctica,

22 may be issued for a 5-year period, beginning with

23 the austral season following the enactment of this

24 Act, if the Secretary determines that such operation

25 will take place in a manner consistent with the Pro-
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1 tocol and the provisions of this Act. The Secretary

2 shall conduct annual inspections of the operation of

3 United States facilities in Antarctica under the per4 mit. The Secretary may renew the permit for addi5 tional 5-year periods, if the Secretary makes the de6 termination required by the first sentence of this

7 paragraph.

8 (8) A permit which authorizes the construction

9 or operation of any incinerator within Antarctica—

10 (A) shall contain terms and conditions rec11 ommended by the Administrator to ensure that

12 emissions from the incinerator are reduced to

13 the maximum extent practicable;

14 (B) shall restrict the material which may

15 be incinerated under the permit to food and

16 food-contaminated waste; and

17 (C) shall not allow an incinerator to be op18 erated in Antarctica after December 31, 1994,

19 unless the Secretary, in consultation with the

20 Director and Administrator, finds and reports

21 to the Congress 6 months prior to this date

22 that there is no feasible and practicable alter23 native for the disposal of food and food-con24 taminated waste.
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1 (9) A permit which authorizes the disposal of

2 sewage within Antarctica, other than from a vessel,

3 shall contain terms and conditions recommended by

4 the Administrator to minimize the impact of the dis5 posal on the Antarctic environment.

6 (10) A permit which authorizes a person to con7 duct one or more expeditions of 10 or more pas8 sengers by vessel to, from, or within Antarctica—

9 (A) may be effective for a period of not

10 more than 3 years; and

11 (B) may be issued only if—

12 (i) the Secretary determines that the

13 expeditions under the permit will be con14 ducted consistent with the Protocol and

15 the provisions of this Act, and

16 (ii) the permit authorizes the Sec17 retary to place observers on vessels to

18 monitor compliance with the permit.

19 (h) JUDICIAL REVIEW.—

20 (1) Any applicant for a permit may obtain judi21 cial review pursuant to chapter 7 of title 5, United

22 States Code, of—

23 (A) the terms and conditions of any permit

24 issued by the Secretary under this section; or
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1 (B) refusal of the Secretary to issue a per2 mit.

3 (2) Review under this subsection may be initi4 ated by filing a petition for review in the United

5 States district court for the district wherein the ap6 plicant for a permit resides or that is the principal

7 place of business of the applicant, or in the United

8 States District Court for the District of Columbia,

9 within 60 days after the date on which the permit

10 is issued or denied.

11 (i) MODIFICATION, SUSPENSION, AND REVOCA12 TION.—

13 (1) The Secretary may modify, suspend, or re14 voke, in whole or in part, any permit issued under

15 this section—

16 (A) if there is any change in conditions

17 which makes the permit inconsistent with this

18 Act or the provisions of the Protocol, including

19 Article 3;

20 (B) in order to make the permit consistent

21 with any change made after the date of issu22 ance of the permit to any regulation prescribed

23 under section 9; or

24 (C) in any case in which there has been

25 any violation of any term or condition of the
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1 permit, or of any regulation prescribed under

2 this Act or any provision of this Act relating to

3 that permit.

4 (2) If the Secretary proposes any modification,

5 suspension, or revocation of a permit under this sub6 section, the permittee shall be afforded opportunity,

7 after due notice, for a hearing by the Secretary with

8 respect to the proposed modification, suspension, or

9 revocation. If a hearing is requested, the action pro10 posed by the Secretary shall not take effect before

11 a decision is issued after the hearing, unless the pro12 posed action is taken by the Secretary to protect the

13 Antarctic environment, and its dependent and asso14 ciated ecosystems, or to prevent the loss of human

15 life.

16 (3) The Secretary shall publish notice of the

17 modification, suspension, or revocation of any permit

18 in the Federal Register within 10 days after the

19 date of the Secretary’s decision, including the rea20 sons for the action.

21 (j) PERMIT FEES.—The Secretary shall establish and

22 charge fees for processing applications for permits under

23 this section. The amount of the fees shall be commensu24 rate with the administrative costs incurred by the Sec25 retary in processing the application, but shall not include
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1 the costs to the Secretary of preparing an environmental

2 impact statement that is required under section 7.

3 SEC. 7. ENVIRONMENTAL ASSESSMENT OF ACTIVITIES

4 WITHIN ANTARCTICA.

5 (a) FEDERAL ACTIVITIES.—

6 (1) Each Federal agency which plans to con7 duct an activity in Antarctica, including the conduct

8 of scientific research and the provision of logistical

9 support to United States facilities, shall review the

10 activity to determine whether it will have a minor or

11 transitory impact on the environment of Antarctica.

12 If a Federal agency determines, through the prepa13 ration of an environmental assessment or otherwise,

14 that the proposed activity will have no more than a

15 minor or transitory impact on the environment of

16 Antarctica, the activity may proceed if the agency

17 monitors the activity to assess and verify the minor

18 or transitory impact of the activity.

19 (2) If a Federal agency determines, through the

20 preparation of an environmental assessment or oth21 erwise, that a proposed activity will have more than

22 a minor or transitory impact on the environment of

23 Antarctica, the agency shall prepare an environ24 mental impact statement on the proposed activity

25 pursuant to section 102(2)(C) of the National Envi-
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1 ronmental Policy Act of 1969 (42 U.S.C.

2 4332(2)(C)).

3 (3) The Council on Environmental Quality shall

4 issue regulations necessary to implement subsection

5 (a).

6 (b) NONGOVERNMENTAL ACTIVITIES.—The Sec7 retary, in consultation with the Chairman of the Council

8 on Environmental Quality, shall issue regulations estab9 lishing procedures for the environmental assessment of

10 nongovernmental activities conducted by any person with11 in Antarctica, consistent with the National Environmental

12 Policy Act of 1969 and the Protocol.

13 (c) REVIEW BY PARTIES TO THE ANTARCTIC TREA14 TY.—No decision shall be taken to proceed with or permit

15 an activity for which an environmental impact statement

16 is prepared under this section until—

17 (1) the draft statement has been made publicly

18 available for at least 90 days and circulated by the

19 Secretary of State to all parties to the Antarctic

20 Treaty and the Committee for Environmental Pro21 tection at least 120 days before the next meeting of

22 the Antarctic Treaty Consultative Parties;

23 (2) there has been an opportunity for consider24 ation of the draft statement at a meeting of the Ant25 arctic Treaty Consultative Parties, except that no
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1 decision to proceed with a proposed activity shall be

2 delayed through the operation of this paragraph for

3 more than 15 months from the circulation of the

4 draft statement;

5 (3) a final statement has been made publicly

6 available at least 60 days before the commencement

7 of the proposed activity; and

8 (4) monitoring procedures have been established

9 to assess and verify the impacts of the activity.

10 (d) EXCEPTION.—This section shall not apply in

11 cases of extreme emergency relating to the prevention of

12 the loss of human life or involving the safety of a ship

13 or aircraft.

14 SEC. 8. MONITORING, INSPECTIONS, PLANS, REPORTS.

15 (a) MONITORING.—

16 (1) The Secretary, in consultation with the Di17 rector and the Administrator, shall develop and im18 plement a plan for the monitoring of activities within

19 Antarctica, including the operation of United States

20 facilities, scientific research, and expeditions, that

21 have more than a minor or transitory impact on the

22 environment of Antarctica.

23 (2) The Secretary may conduct a program for

24 monitoring the health of the waters of Antarctica
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1 and the Southern Ocean as part of a global ocean

2 observing system.

3 (b) INSPECTIONS.—The Secretary of State may agree

4 on behalf of the United States to a system of observation

5 and inspection and to interim arrangements pending the

6 establishment of such a system pursuant to Article 14 of

7 the Protocol.

8 (c) LAND-BASED CONTINGENCY PLANS.—The Sec9 retary, in consultation with the Administrator and the

10 Secretary of the department in which the Coast Guard is

11 operating, shall develop requirements for contingency

12 plans for response to incidents caused by persons within

13 Antarctica with potential adverse effects on the environ14 ment of Antarctica in accordance with Article 15 of the

15 Protocol.

16 (d) REPORTS.—The Secretary of State shall—

17 (1) circulate to all parties to the Antarctic

18 Treaty, after notice and public comment, all inspec19 tion and compliance reports and all actions taken to

20 ensure compliance with the Protocol, including no21 tice of activities undertaken in cases of emergency;

22 and

23 (2) bring promptly to the attention of other

24 parties to the Antarctic Treaty all known incidents
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1 of noncompliance with the Protocol by the nationals

2 of those parties.

3 SEC. 9. REGULATIONS.

4 (a) IN GENERAL.—The Secretary and the Secretary

5 of the department in which the Coast Guard is operating,

6 after consultation with appropriate officials, shall promul7 gate such regulations as are necessary and appropriate to

8 implement this Act, taking into account the Antarctic

9 Treaty, any measures adopted thereunder, the Protocol,

10 and any awards issued thereunder by a competent tribu11 nal.

12 (b) SPECIFIC REGULATIONS.—The Secretary shall

13 issue regulations which—

14 (1) designate, as native species—

15 (A) each species of the class Aves,

16 (B) each species of the class Mammalia,

17 and

18 (C) each species of plant,

19 which is indigenous to Antarctica or occurs in Ant20 arctica through natural dispersal or migration;

21 (2) specify those actions which shall, and those

22 actions which shall not, be taken within Antarctica

23 to protect, in accordance with the applicable provi24 sions of the Protocol, members of each native species

25 designated under paragraph (1);
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1 (3) identify each area designated by the parties

2 to the Antarctic Treaty as a specially protected area

3 or specially managed area, and implement the provi4 sions of the management plan applicable to such

5 area;

6 (4) designate, as a specially protected species,

7 any species of native mammal, native bird, native

8 plant, or native invertebrate which is approved by

9 the United States for special protection in addition

10 to those listed in Annex II to the Protocol;

11 (5) designate, in consultation with the Adminis12 trator, as a prohibited product for purposes of sec13 tion 3(15)(E) any substance which the Secretary

14 finds liable, if the substance is introduced into Ant15 arctica, to create hazards to human health, to harm

16 living resources or marine life, to damage amenities,

17 or to interfere with other legitimate uses of Antarc18 tica;

19 (6) specify, in consultation with the Director,

20 the Administrator, and the Secretary of the depart21 ment in which the Coast Guard is operating, those

22 actions which shall, and those actions which shall

23 not, be taken to prevent or control the discharge or

24 other disposal of prohibited products from any

25 source within Antarctica;
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1 (7) designate, in consultation with the Director,

2 those animals and plants that are not indigenous to

3 Antarctica, which either may, or may not, be intro4 duced into Antarctica, and specify those control

5 measures which shall be observed with respect to

6 any such animals or plants which are allowed to be

7 introduced;

8 (8) specify, in consultation with the Director

9 and the Administrator, those actions which shall be

10 taken for the cleanup of United States facilities in

11 Antarctica in accordance with Annex III to the Pro12 tocol;

13 (9) specify, in consultation with the Chairman

14 of the Council on Environmental Quality, the emer15 gency circumstances with respect to which section

16 5(b) and section 7(d) apply;

17 (10) issue general permits in accordance with

18 section 6(c);

19 (11) set forth the form, content, and manner of

20 filing, if applicable, of all notices, reports, declara21 tions, or other documentation which may be required

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

23 a permit is required under section 6;

24 (12) establish, in consultation with interested

25 persons, including scientific researchers, guidelines
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1 that distinguish Antarctic mineral resource activities

2 from scientific research within the meaning of Arti3 cle III of the Antarctic Treaty; and

4 (13) specify those actions which shall, and those

5 actions which shall not, be taken to ensure compli6 ance by persons whose activities are permitted under

7 section 6 with the principles of Article 3 of the Pro8 tocol.

9 (c) SCHEDULE FOR REGULATIONS.—The regulations

10 required by this section shall be issued within 2 years after

11 the date of enactment of this Act.

12 SEC. 10. CIVIL PENALTIES.

13 (a) ASSESSMENT OF PENALTIES.—

14 (1) Any person who is found by the Secretary,

15 after notice and opportunity for a hearing in accord16 ance with subsection (b), to have committed any act

17 prohibited by section 5 shall be liable to the United

18 States for a civil penalty. The amount of the civil

19 penalty shall not exceed $25,000 for each violation.

20 Each day of a continuing violation shall constitute a

21 separate offense. The amount of any civil penalty

22 shall be assessed by the Secretary by written notice.

23 In determining the amount of the penalty, the Sec24 retary shall take into account the nature, cir25 cumstances, extent, and gravity of the prohibited
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1 acts committed, and, with respect to the violator, the

2 degree of culpability, any history of prior offenses,

3 ability to pay, and such other matters as justice may

4 require, to the extent that the information is reason5 ably available to the Secretary.

6 (2) The Secretary may compromise, modify, or

7 remit, with or without conditions, any civil penalty

8 which may be imposed under this section.

9 (b) HEARINGS.—Hearings for the assessment of civil

10 penalties under subsection (a) shall be conducted in ac11 cordance with section 554 of title 5, United States Code.

12 For the purposes of conducting any such hearing, the Sec13 retary may issue subpoenas for the attendance and testi14 mony of witnesses and the production of relevant papers,

15 books, and documents, and may administer oaths. Wit16 nesses summoned shall be paid the same fees and mileage

17 that are paid to witnesses in the courts of the United

18 States. In case of contempt or refusal to obey a subpoena

19 served upon any person pursuant to this subsection, the

20 district court of the United States for any district in which

21 the person is found, resides, or transacts business, upon

22 application by the United States and after notice to the

23 person, shall have jurisdiction to issue an order requiring

24 the person to appear and give testimony before the Sec25 retary or to appear and produce documents before the Sec-
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1 retary, or both, and any failure to obey such order of the

2 court may be punished by the court as a contempt thereof.

3 (c) REVIEW OF CIVIL PENALTY.—Any person against

4 whom a civil penalty is assessed under subsection (a) may

5 obtain review thereof in the appropriate district court of

6 the United States by filing a complaint in the court within

7 30 days after the date of the order and by simultaneously

8 sending a copy of the complaint by certified mail to the

9 Secretary, the Attorney General, and the appropriate

10 United States Attorney. The Secretary shall promptly file

11 in the court a certified copy of the record upon which the

12 violation was found or the penalty imposed, as provided

13 in section 2112 of title 28, United States Code. The court

14 shall set aside the findings and order of the Secretary if

15 the findings and order are found to be unsupported by

16 substantial evidence, as provided in section 706(2)(E) of

17 title 5, United States Code.

18 (d) RECOVERY OF CIVIL PENALTIES.—The Attorney

19 General may seek to recover in any appropriate district

20 court of the United States (1) any civil penalty imposed

21 under this section that has become a final and

22 unappealable order and has been referred to the Attorney

23 General by the Secretary, or (2) any final judgment ren24 dered under this section in favor of the United States by

25 an appropriate court. In such action, the validity and ap-
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1 propriateness of the final order imposing the civil penalty

2 shall not be subject to review.

3 (e) PENALTIES UNDER OTHER LAWS.—The assess4 ment of a civil penalty under subsection (a) for any act

5 shall not be considered to preclude the assessment of a

6 civil penalty for the act under any other law.

7 SEC. 11. CRIMINAL OFFENSES.

8 (a) OFFENSES.—A person is guilty of an offense if

9 that person knowingly commits any act prohibited by sec10 tion 5.

11 (b) PUNISHMENT.—Any offense under subsection (a)

12 is punishable by imprisonment for not more than one year,

13 or a fine under title 18, United States Code, or both.

14 (c) OFFENSES UNDER OTHER LAWS.—A conviction

15 under subsection (a) for any act shall not be considered

16 to preclude a conviction for the act under any other law.

17 SEC. 12. ENFORCEMENT.

18 (a) RESPONSIBILITY.—The provisions of this Act

19 shall be enforced by the Secretary and the Secretary of

20 the department in which the Coast Guard is operating.

21 The Secretaries may utilize by agreement, on a reimburs22 able basis or otherwise, the personnel, services, and facili23 ties (including aircraft and vessels) of any other depart24 ment or agency of the United States in the performance

25 of such duties.
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1 (b) POWERS OF AUTHORIZED OFFICERS AND EM2 PLOYEES.—Any officer or employee of the United States

3 who is authorized by the Secretary, the Secretary of the

4 department in which the Coast Guard is operating, or the

5 head of any department or agency of the United States

6 which has entered into an agreement with either Secretary

7 under subsection (a), to enforce the provisions of this Act,

8 any regulation promulgated under this Act, or any permit

9 issued under this Act may, in enforcing such provision—

10 (1) secure, execute, and serve any order, war11 rant, subpoena, or other process, which is issued

12 under the authority of the United States or by any

13 court of competent jurisdiction;

14 (2) search without warrant any person, place,

15 vehicle, or aircraft subject to the jurisdiction of the

16 United States if there are reasonable grounds to be17 lieve that a person has committed an act prohibited

18 by section 5;

19 (3) with or without a warrant board and search

20 or inspect any vessel of the United States or vessel

21 subject to the jurisdiction of the United States;

22 (4) seize without warrant—

23 (A) any evidentiary item if there are rea24 sonable grounds to believe that a person has

25 committed an act prohibited by section 5,
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1 (B) any native mammal, native bird, native

2 plant, native invertebrate, or mineral resource

3 (or part of product thereof) with respect to

4 which such an act is committed,

5 (C) any vessel of the United States (in6 cluding its gear, furniture, appurtenances,

7 stores, and cargo), any vessel subject to the ju8 risdiction of the United States (including its

9 gear, furniture, appurtenances, stores, and

10 cargo), any vehicle, aircraft, or other means of

11 transportation that is subject to the jurisdiction

12 of the United States used in connection with

13 such an act, and

14 (D) any guns, traps, nets, or equipment

15 used in connection with such an act;

16 (5) offer and pay rewards for information which

17 may lead to the apprehension of persons violating

18 such provisions;

19 (6) make inquiries, and administer to or take

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

21 concerning any matter which is related to the en22 forcement of such provisions;

23 (7) in coordination with the Secretary of the

24 Treasury, detain for inspection and inspect any

25 package, crate, or other container, including its con-
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1 tents and all accompanying documents, upon impor2 tation into or exportation from the United States;

3 (8) make an arrest with or without a warrant

4 with respect to any act prohibited by section 5, if

5 such officer or employee has reasonable grounds to

6 believe that the person to be arrested is committing

7 such act in his or her presence or view or has com8 mitted such act;

9 (9) exercise enforcement powers conferred on

10 the officer or employee under a system of observa11 tion and inspection, or interim arrangements pend12 ing the establishment of such a system, which the

13 President has agreed to on behalf of the United

14 States; and

15 (10) exercise any other authority which the offi16 cer or employee is permitted by law to exercise.

17 (c) SEIZURE.—Any property or item seized pursuant

18 to subsection (b) shall be held by any officer or employee

19 of the United States who is authorized by the Secretary

20 or the Secretary of the department in which the Coast

21 Guard is operating, pending the disposition of civil or

22 criminal proceedings concerning the violation relating to

23 the property or item or the institution of an action in rem

24 for the forfeiture of such property or item. Such author25 ized officer or employee may, upon the order of a court
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1 of competent jurisdiction, either release the seized prop2 erty or item to the wild or destroy the property or item

3 if the cost of maintenance of the property or item pending

4 the disposition of the case is greater than the legitimate

5 market value of the property or item. The authorized offi6 cer or employee and all officers or employees acting by

7 or under his or her direction shall be indemnified from

8 any penalties or actions for damages for so releasing or

9 destroying the property or item, unless the actions of the

10 officer or employee are grossly negligent or constitute will11 ful misconduct. The authorized officer or employee may,

12 in lieu of holding such property or item, permit the owner

13 or consignee thereof to post a bond or other satisfactory

14 surety.

15 (d) FORFEITURE.—

16 (1) Any native mammal, native bird, native

17 plant, native invertebrate, or mineral resource with

18 respect to which an act prohibited by section 5 is

19 committed, any vessel of the United States (includ20 ing its gear, furniture, appurtenances, stoves, and

21 cargo), any vessel, vehicle, or aircraft or other means

22 of transportation subject to the jurisdiction of the

23 United States which is used in connection with an

24 act prohibited by section 5, and all guns, traps, nets,

25 and other equipment used in connection with such
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1 act, shall be subject to forfeiture to the United

2 States.

3 (2) Upon the forfeiture to the United States of

4 any item described in paragraph (1), or upon the

5 abandonment or waiver of any claim to any such

6 item, it shall be disposed of by the Secretary, or the

7 Secretary of the department in which the Coast

8 Guard is operating, as the case may be, in such a

9 manner, consistent with the purposes of this Act, as

10 may be prescribed by regulation.

11 (e) APPLICATION OF LAWS.—All provisions of law re12 lating to the seizure, forfeiture, and condemnation of prop13 erty (including vessels) for violation of the customs laws,

14 the disposition of the property or the proceeds from the

15 sale thereof, and the remission or mitigation of the forfeit16 ure, shall apply to the seizures and forfeitures incurred,

17 or alleged to have been incurred, and the compromise of

18 claims, under the provisions of this Act, insofar as such

19 provisions of law are applicable and not inconsistent with

20 the provisions of this Act; except that all powers, rights,

21 and duties conferred or imposed by the customs laws may,

22 for the purposes of this Act, also be exercised or performed

23 by the Secretary, or the Secretary of the department in

24 which the Coast Guard is operating, or by such officers

25 or employees of the United States as the Secretary or the
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1 Secretary of the department in which the Coast Guard is

2 operating may designate.

3 (f) EMERGENCY POWERS.—Notwithstanding any

4 other provision of this Act, the Secretary or the Secretary

5 of the department in which the Coast Guard is operating,

6 upon receipt of evidence that an activity by any person

7 is presenting, or is threatening to present, an imminent

8 and substantial endangerment to the environment of Ant9 arctica or to the health and safety of persons residing

10 therein, may bring suit on behalf of the United States in

11 the appropriate district court of the United States to im12 mediately restrain that person causing the activity to stop

13 the activity or to take such other action as may be nec14 essary.

15 (g) INSPECTION FEES.—The Secretary and the Sec16 retary of the department in which the Coast Guard is op17 erating may charge reasonable fees for the expenses of the

18 United States incurred in carrying out inspections and in

19 transferring, boarding, handling, or storing native mam20 mals, native birds, native plants, native invertebrates, ani21 mals and plants not indigenous to Antarctica, mineral re22 sources, and other evidentiary items seized or forfeited

23 under this Act.
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1 SEC. 13. IN REM LIABILITY; JURISDICTION OF COURTS.

2 (a) IN REM LIABILITY.—A vessel of the United

3 States, or a vessel subject to the jurisdiction of the United

4 States, that is operated in violation of the Protocol, this

5 Act, or the regulations issued under this Act is liable in

6 rem for any civil penalty assessed under section 10 or any

7 fine imposed under section 11, and may be proceeded

8 against in any district court of the United States having

9 jurisdiction. The penalty or fine shall constitute a lien on

10 the vessel which may be recovered in an action in rem in

11 the district court of the United States having jurisdiction.

12 (b) JURISDICTION OF COURTS.—The district courts

13 of the United States shall have jurisdiction over any case

14 or controversy arising under the provisions of this Act or

15 of any regulation or permit issued under this Act.

16 SEC. 14. MARINE POLLUTION.

17 (a) REFERENCES.—Whenever in this section an

18 amendment or repeal is expressed in terms of an amend19 ment to or repeal of a section, subsection, or other provi20 sion, the reference shall be considered to be made to a

21 section, subsection, or other provision of the Act to Pre22 vent Pollution from Ships (33 U.S.C. 1901 et seq.).

23 (b) DEFINITIONS.—Section 2(a) (33 U.S.C. 1901(a))

24 is amended—

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

26 the semicolon;
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1 (2) in paragraph (9) by striking the period and

2 inserting ‘‘; and’’; and

3 (3) by adding at the end the following:

4 ‘‘(10) ‘Antarctica’ means the area south of 60

5 degrees south latitude, including all ice shelves; and

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

7 on Environmental Protection to the Antarctic Trea8 ty, done at Madrid on October 4, 1991, and all an9 nexes thereto.’’.

10 (c) APPLICATION OF ANNEX IV.—Section 2 (33

11 U.S.C. 1901) is further amended by adding at the end

12 the following:

13 ‘‘(c) The requirements of Annex IV to the Antarctic

14 Protocol shall apply in Antarctica—

15 ‘‘(1) to all ships described in section 3(a)(1);

16 and

17 ‘‘(2) to all other ships over which the United

18 States has jurisdiction, including all ships engaged

19 in or supporting United States Antarctic oper20 ations.’’.

21 (d) APPLICATION IN ANTARCTICA OF ACT TO PRE22 VENT POLLUTION FROM SHIPS.—Section 3 (33 U.S.C.

23 1902) is amended—

24 (1) in subsection (a) by striking ‘‘and’’ after the

25 semicolon at the end of paragraph (3), by striking
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1 the period at the end of paragraph (4) and inserting

2 ‘‘; and’’, and by adding at the end the following:

3 ‘‘(5) with respect to Annex IV to the Antarctic

4 Protocol, to all ships described in paragraph (1) and

5 to all other ships over which the United States has

6 jurisdiction, including all ships engaged in or sup7 porting United States Antarctic operations.’’; and

8 (2) in subsection (b)(2)—

9 (A) in subparagraph (A) by striking ‘‘sub10 paragraph (B)’’ and inserting ‘‘subparagraph

11 (C)’’;

12 (B) by redesignating subparagraph (B) as

13 subparagraph (C); and

14 (C) by inserting after subparagraph (A)

15 the following:

16 ‘‘(B) Notwithstanding any provision of the Ant17 arctic Protocol and subject to subparagraph (C), the

18 requirements of Annex IV to that Protocol shall

19 apply to a ship referred to in paragraph (1)(A) oper20 ating in Antarctica.’’.

21 (e) ADMINISTRATION.—Section 4(a) (33 U.S.C.

22 1903(a)) is amended in the first sentence by inserting ‘‘,

23 Annex IV to the Antarctic Protocol,’’ after ‘‘MARPOL

24 Protocol’’.
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1 (f) REGULATIONS.—Section 4 (33 U.S.C. 1903) is

2 amended—

3 (1) in subsection (b)(1) by inserting ‘‘, Annex

4 IV to the Antarctic Protocol,’’ after ‘‘MARPOL Pro5 tocol’’; and

6 (2) by adding at the end of subsection (b) the

7 following:

8 ‘‘(3) The Secretary shall prescribe, within 2 years

9 after the effective date of the Antarctic Environmental

10 Protection Protocol Act of 1992, regulations to implement

11 Annex IV to the Antarctic Protocol, including regulations

12 to ensure that all ships described in section 3(a)(1) and

13 all other ships over which the United States has jurisdic14 tion have contingency plans for marine pollution incidents

15 in Antarctica.’’.

16 (g) RETENTION OF POLLUTION IN ANTARCTICA.—

17 Section 6 (33 U.S.C. 1905) is amended by adding at the

18 end the following:

19 ‘‘(g) The Secretary shall ensure that all ships de20 scribed in section 3(a)(1) and all other ships over which

21 the United States has jurisdiction, before entering Antarc22 tica—

23 ‘‘(1) have sufficient capacity in accordance with

24 Annex IV to the Antarctic Protocol to retain on
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1 board, all oil, noxious liquid substances, and gar2 bage; and

3 ‘‘(2) have concluded arrangements to discharge

4 oil, noxious liquid substances, and garbage at recep5 tion facilities outside of Antarctica.’’.

6 (h) VIOLATIONS AND ENFORCEMENT.—Section 8 (33

7 U.S.C. 1907) is amended—

8 (1) in subsection (a)—

9 (A) in the first sentence by inserting

10 ‘‘Annex IV to the Antarctic Protocol,’’ after

11 ‘‘MARPOL Protocol,’’; and

12 (B) by inserting after the second sentence

13 the following: ‘‘The Secretary shall cooperate

14 with other parties to the Antarctic Protocol in

15 the detection of violations of Annex IV to that

16 Protocol and in its enforcement.’’;

17 (2) in subsection (b)—

18 (A) in the fourth sentence by inserting ‘‘or

19 Annex IV to the Antarctic Protocol as applica20 ble,’’ after ‘‘MARPOL Protocol’’; and

21 (B) in the fifth sentence by inserting ‘‘or

22 a party to the Antarctic Protocol’’ after

23 ‘‘MARPOL Protocol’’; and

24 (3) in subsection (e)—
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1 (A) by redesignating paragraph (2) as

2 paragraph (3); and

3 (B) by inserting after paragraph (1) the

4 following:

5 ‘‘(2) The Secretary may inspect at any time a

6 ship described in section 3(a)(1) or any other ship

7 over which the United States has jurisdiction, to ver8 ify whether that ship has discharged oil, a noxious

9 liquid substance, garbage, or sewage in violation of

10 Annex IV to the Antarctic Protocol or in violation of

11 any provision of this Act that implements that Pro12 tocol.’’.

13 (i) PENALTIES.—Section 9 (33 U.S.C. 1908) is

14 amended—

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

16 the Antarctic Protocol,’’ after ‘‘MARPOL Proto17 col,’’;

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

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

20 each place it appears;

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

22 the Antarctic Protocol,’’ after ‘‘MARPOL Proto23 col,’’;
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1 (4) in subsection (e) by inserting ‘‘, Annex IV

2 to the Antarctic Protocol,’’ after ‘‘MARPOL Proto3 col’’; and

4 (5) in subsection (f) by inserting ‘‘or to the

5 Antarctic Protocol’’ after ‘‘MARPOL Protocol’’ each

6 place it appears.

7 SEC. 15. RELATION TO EXISTING TREATIES, STATUTES,

8 REGULATIONS, AND PERMITS.

9 (a) IN GENERAL.—Except as provided in subsection

10 (b) and section 14, nothing in this Act shall be construed

11 as contravening or superseding—

12 (1) any international treaty, convention, or

13 agreement, if such treaty, convention, or agreement

14 is in force with respect to the United States on the

15 date of enactment of this Act; or

16 (2) any statute which implements any such

17 treaty, convention, or agreement.

18 (b) REPEAL OF STATUTES.—The Antarctic Con19 servation Act of 1978 (16 U.S.C. 2401 et seq.) and the

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

21 are repealed.

22 (c) SAVINGS PROVISIONS.—

23 (1) Nothing in this Act shall affect the author24 ity of the Director—
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1 (A) to support basic research investiga2 tions of the Antarctic environment to under3 stand globally important processes; and

4 (B) to operate, in accordance with this

5 Act, United States facilities, bases, and stations

6 in Antarctica.

7 (2) All regulations issued under the Antarctic

8 Conservation Act of 1978 (16 U.S.C. 2401 et seq.)

9 shall remain in effect until the Secretary or the Sec10 retary of the department in which the Coast Guard

11 is operating, as the case may be, promulgates new

12 regulations under section 9 or section 14 of this Act,

13 except that if the regulations issued under that Act

14 are inconsistent with the Protocol or have been su15 perseded by the provisions of this Act, the Protocol

16 and this Act shall control.

17 (3) All permits issued under the Antarctic Con18 servation Act of 1978 (16 U.S.C. 2401 et seq.) shall

19 remain in effect until they expire in accordance with

20 the terms of those permits.

21 SEC. 16. AMENDMENTS.

22 (a) ACCEPTANCE OF CERTAIN AMENDMENTS.—A

23 proposed amendment to the Protocol may be accepted on

24 behalf of the United States by the President following the
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1 advice and consent of the Senate, except as provided for

2 in subsection (b).

3 (b) ACTION ON CERTAIN AMENDMENTS BY PRESI4 DENT.—A proposed amendment to Annex I, II, III, IV,

5 or V of the Protocol may be the subject of appropriate

6 action on behalf of the United States by the Secretary of

7 State following notification to the Congress.

8 SEC. 17. SENSE OF CONGRESS.

9 It is the sense of Congress that—

10 (1) the prohibition on Antarctic mineral re11 source activities in Article 7 of the Protocol should

12 remain in effect permanently or indefinitely;

13 (2) the Secretary of State should promptly

14 enter into negotiations with other parties to the Ant15 arctic Treaty to conclude an agreement on rules and

16 procedures relating to liability for damage arising

17 from activities in Antarctica and covered by the Pro18 tocol; and

19 (3) the Secretary should ensure that the results

20 of all scientific investigations relating to geological

21 processes and structures are made openly available

22 to the public and scientific community.

23 SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

24 There are authorized to be appropriated—
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1 (1) to the Secretary $25,000,000 for each of

2 fiscal years 1994, 1995, and 1996 to carry out this

3 Act;

4 (2) to the Secretary of the department in which

5 the Coast Guard is operating $5,000,000 for each of

6 fiscal years 1994, 1995, and 1996 to carry out sec7 tion 14; and

8 (3) to the Secretary of State $500,000 for each

9 of fiscal years 1994, 1995, and 1996 to carry out

10 this Act.

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