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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1066 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Antarctic Environmental Protocol Act 
of 1993''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) The Protocol on Environmental Protection to the 
        Antarctic Treaty establishes international mechanisms and 
        creates legal obligations necessary for the establishment of 
        Antarctica as a natural reserve, devoted to peace and science.
            (2) The Protocol serves important United States 
        environmental and resource management interests, while at the 
        same time preserving the freedom of scientific investigation in 
        Antarctica.
            (3) The Protocol represents an important contribution to 
        United States long-term legal and political objectives of 
        maintenance of Antarctica as an area of peaceful international 
        cooperation.
            (4) The United States needs to establish new legal 
        arrangements to fulfill its obligations under the Protocol, and 
        to provide comprehensive environmental protection for 
        Antarctica that will maintain Antarctica as a platform for the 
        conduct of research essential to understanding the global 
        environment.
    (b) Purpose.--The purpose of this Act is to provide the legislative 
authority necessary to implement, with respect to the United States, 
the Protocol on Environmental Protection to the Antarctic Treaty.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) ``Administrator'' means the Administrator of the 
        Environmental Protection Agency.
            (2) ``Antarctica''--
                    (A) means the area south of 60 degrees south 
                latitude, except that with respect to mineral resource 
                activity and living marine resources, the term means 
                the area south of the Antarctic Convergence as defined 
                in section 303(1) of the Antarctic Marine Living 
                Resources Convention Act of 1984 (16 U.S.C. 2432(1)); 
                and
                    (B) includes all ice shelves in that area.
            (3) ``Antarctic mineral resource activity''--
                    (A) means prospecting, exploration, or development 
                in Antarctica; and
                    (B) does not include scientific research within the 
                meaning of article III of the Antarctic Treaty.
            (4) ``Antarctic Treaty'' means the Antarctic Treaty signed 
        in Washington, D.C., on December 1, 1959.
            (5) ``Development''--
                    (A) means any activity, including logistic support, 
                which takes place following exploration, the purpose of 
                which is exploitation of specific Antarctic mineral 
                resource deposits; and
                    (B) includes processing, storage, and transport 
                activities.
            (6) ``Director'' means the Director of the National Science 
        Foundation.
            (7) ``Exploration''--
                    (A) means any activity, including logistic support, 
                the purpose of which is the identification or 
                evaluation of specific Antarctic mineral resource 
                deposits; and
                    (B) includes exploratory drilling, dredging, and 
                other surface or subsurface excavations undertaken to 
                determine the nature and size of mineral resource 
                deposits and the feasibility of their development.
            (8) ``Harm'' means to engage or attempt to engage in any of 
        the following:
                    (A) Flying or landing helicopters or other aircraft 
                in a manner that disturbs concentrations of native 
                mammals or native birds.
                    (B) Using vehicles or vessels, including hovercraft 
                and small boats, in a manner that disturbs 
                concentrations of native mammals or native birds.
                    (C) Using explosives or firearms in a manner that 
                disturbs concentrations of native mammals or native 
                birds.
                    (D) Willfully disturbing breeding or molting native 
                birds or concentrations of native mammals and native 
                birds by persons on foot.
                    (E) Significantly damaging concentrations of native 
                plants, by--
                            (i) landing aircraft, driving vehicles, or 
                        walking on native plants, or
                            (ii) similar means.
                    (F) Any activity in Antarctica that results in the 
                significant adverse modification of the habitat of any 
                species or population of native mammal, native bird, 
                native plant, or native invertebrate.
                    (G) Similar practices designated by the Secretary 
                as such by regulation under section 9.
            (9) ``Mineral resource''--
                    (A) means any nonliving natural nonrenewable 
                resource (or part or product thereof) found in or 
                recovered from Antarctica;
                    (B) includes fossil fuels and minerals, whether 
                metallic or nonmetallic; and
                    (C) does not include ice, water, or snow.
            (10) ``Native bird'' means any member, at any stage of its 
        life cycle (including eggs), of any species of the class Aves 
        which is indigenous to Antarctica or that occurs there 
        seasonally through natural migration, including any part of any 
        such member.
            (11) ``Native invertebrate'' means any terrestrial, 
        freshwater, or marine invertebrate, at any stage of its life 
        cycle, that is indigenous to Antarctica.
            (12) ``Native mammal'' means any member, at any stage of 
        its life cycle, of any species of the class Mammalia, that is 
        indigenous to Antarctica or that occurs there seasonally 
        through natural migration, including any part of any such 
        member.
            (13) ``Native plant'' means any terrestrial, freshwater, or 
        marine vegetation (including bryophytes, lichens, fungi, and 
        algae) at any stage of its life cycle (including seeds and 
        other propagules) that is indigenous to Antarctica.
            (14) ``Person'' means--
                    (A) any individual, corporation, partnership, 
                trust, association, or other entity existing or 
                organized under the laws of the United States;
                    (B) any officer, employee, agent, department, or 
                other instrumentality of the Federal Government or of 
                any State or political subdivision thereof; and
                    (C) any foreign individual, corporation, legal 
                entity, or department of any foreign nation, that is 
                subject to the jurisdiction of the United States.
            (15) ``Prohibited product'' means--
                    (A) any polychlorinated biphenyl;
                    (B) nonsterile soil;
                    (C) any polystyrene bead, chip, or similar form of 
                packaging;
                    (D) any pesticide (other than a pesticide required 
                for scientific, medical, or hygiene purposes); and
                    (E) any product designated as such by the Secretary 
                by regulation under section 9.
            (16) ``Prospecting'' means any activity, including logistic 
        support, the purpose of which is the identification of mineral 
        resource potential for possible exploration and development.
            (17) ``Protocol'' means the Protocol on Environmental 
        Protection to the Antarctic Treaty, done at Madrid on October 
        4, 1991, and all annexes thereto.
            (18) ``Secretary'' means the Secretary of Commerce, acting 
        through the Under Secretary of Commerce for Oceans and 
        Atmosphere.
            (19) ``Specially managed area'' means any area within 
        Antarctica, including any marine area, that is designated in 
        accordance with the Antarctic Treaty as an area within which 
        activities are planned and coordinated so as to avoid use 
        conflicts, improve co-operation, or minimize environmental 
        impacts.
            (20) ``Specially protected area'' means any area within 
        Antarctica, including any marine area, that is designated in 
        accordance with the Antarctic Treaty as an area for the 
        protection of its outstanding environmental, scientific, 
        historic, aesthetic, or wilderness values, any combination of 
        these values, or ongoing or planned scientific research.
            (21) ``Specially protected species'' means--
                    (A) all species of the genus Arctocephalus (fur 
                seal) and all species of the genus Ommatophoca rossii 
                (ross seal); and
                    (B) all other species of native mammal, native 
                bird, or native plant designated as a specially 
                protected species by the Secretary pursuant to 
                regulation under section 9.
            (22) ``Take'' and ``taking'' means--
                    (A) to harass, harm, molest, pursue, hunt, shoot, 
                wound, kill, trap, capture, or collect a native mammal 
                or native bird;
                    (B) to remove or damage such quantities of native 
                plants that their local distribution or abundance would 
                be significantly affected; or
                    (C) to attempt to engage in any such conduct.
            (23) ``Vessel of the United States'' has the meaning 
        provided in section 2101(46) of title 46, United States Code.
            (24) ``Vessel subject to the jurisdiction of the United 
        States'' means a foreign vessel--
                    (A) that is used to provide logistic support to 
                United States facilities in Antarctica, or
                    (B) that transports passengers to, from, or in 
                Antarctica, if--
                            (i) there is an agreement between the 
                        United States and the flag state of the foreign 
                        vessel;
                            (ii) the flag state of the foreign vessel 
                        is a party to the Protocol and has referred the 
                        matter to the United States; or
                            (iii) the United States may exercise 
                        jurisdiction over the vessel in accordance with 
                        generally recognized principles of 
                        international law.

SEC. 4. REPRESENTATIVE, ARBITRATORS, AND INSPECTORS.

    (a) Representative to Committee for Environmental Protection.--
            (1) The Secretary of State, in consultation with the 
        Secretary and the Administrator, shall appoint an officer or 
        employee of the United States as the United States 
        representative to the Committee for Environmental Protection 
        under the Protocol.
            (2) The officer or employee shall have the technical 
        qualifications required to serve in this capacity.
    (b) Arbitrators.--
            (1) The Secretary of State shall designate up to 3 
        arbitrators to serve on the Arbitral Tribunal to be established 
        under the Protocol.
            (2) Each arbitrator shall be experienced in Antarctic 
        affairs, have thorough knowledge of international law, and have 
        the highest reputation for fairness, competence, and integrity.
    (c) Inspectors.--The Secretary of State shall designate persons to 
serve as inspectors under Article 14 of the Protocol.
    (d) Compensation.--The United States representative to the 
Committee for Environmental Protection shall receive no additional 
compensation by reason of that person's service as such representative.

SEC. 5. UNLAWFUL ACTIVITIES.

    (a) In General.--It is unlawful for any person--
            (1) to conduct an activity within Antarctica, including 
        scientific research, expeditions, and logistical support to 
        United States facilities and bases, in a manner inconsistent 
        with the Protocol;
            (2) to engage in, finance, or otherwise knowingly provide 
        assistance (including logistic support) to any Antarctic 
        mineral resource activity;
            (3) to introduce into Antarctica any prohibited product;
            (4) within Antarctica, to conduct open burning, or to 
        operate a landfill at a United States coastal facility;
            (5) to bring any dog into Antarctica;
            (6) to use leaded fuel within Antarctica at a United States 
        facility or in any aircraft or vessel of the United States or 
        any aircraft or vessel subject to the jurisdiction of the 
        United States;
            (7) to transport passengers to, from, or within Antarctica 
        by any vessel of the United States or any vessel subject to the 
        jurisdiction of the United States, unless the person has an 
        agreement with the vessel owner or operator under which the 
        owner or operator is required to comply with the Act to Prevent 
        Pollution from Ships (33 U.S.C. 1901 et seq.), as amended by 
        this Act;
            (8) except as authorized by a permit issued under section 
        6--
                    (A) to take within Antarctica any native mammal or 
                native bird, or any native plant in such quantities 
                that their local distribution or abundance would be 
                significantly affected;
                    (B) to take within Antarctica any specially 
                protected species;
                    (C) to introduce into Antarctica any animal or any 
                plant that is not indigenous to Antarctica;
                    (D) to enter any specially protected area;
                    (E) to discharge untreated sewage into the waters 
                or onto the ice shelves of Antarctica; or
                    (F) to operate an incinerator;
            (9) to violate any provision of this Act, any regulation 
        promulgated under this Act, or the terms of any permit issued 
        under this Act;
            (10) to ship, transport, offer for sale, sell, purchase, 
        import, export, or have custody, control or possession of, any 
        native bird, native mammal, native plant, native invertebrate, 
        or mineral resource which the person knows, or reasonably 
        should have known, was taken in violation of this Act;
            (11) to refuse to permit any authorized officer or employee 
        of the United States to board a vessel of the United States or 
        a vessel subject to the jurisdiction of the United States for 
        the purpose of conducting any search or inspection in 
        connection with the enforcement of this Act;
            (12) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any authorized officer or 
        employee of the United States in the conduct of any search or 
        inspection described in paragraph (11);
            (13) to resist a lawful arrest or detention for any act 
        prohibited by this section;
            (14) to interfere with, delay, or prevent, by any means, 
        the apprehension, arrest, or detention of another person, 
        knowing that such other person has committed any act prohibited 
        by this section; or
            (15) to attempt to commit any act prohibited by this 
        section.
    (b) Exception for Emergencies.--An activity described in subsection 
(a)(8) shall not be unlawful if it is committed under extreme emergency 
circumstances specified by the Secretary under section (9)(b)(9), to 
prevent the loss of human life or involving the safety of a ship or 
aircraft.

SEC. 6. PERMITS.

    (a) Activities Requiring Permits.--The following activities shall 
not be conducted by any person in Antarctica, except in accordance with 
a permit issued by the Secretary in accordance with this section:
            (1) The conduct or support by any person of an expedition 
        by vessel of more than 10 passengers to, from, or within 
        Antarctica.
            (2) The operation of United States facilities within 
        Antarctica, including the construction or decommissioning of 
        any United States base, building, or airfield.
            (3) Any activity specified under section 5(a)(8) as 
        requiring a permit.
    (b) Criteria for Permits.--The Secretary may issue a permit which 
authorizes the conduct within Antarctica of an activity specified in 
subsection (a), only if the activity is consistent with this Act and 
the Protocol, including the principles in Article 3 of the Protocol.
    (c) General Permits.--The Secretary may, by regulation issued under 
section 9, issue general permits for any category of activity referred 
to in subsection (a) in Antarctica if the Secretary determines that the 
activities in the category are similar in nature and will cause no more 
than a minor or transitory impact on the environment of Antarctica when 
performed cumulatively. Any general permit issued under this subsection 
shall meet the criteria for the issuance of permits under subsection 
(b) and any applicable terms and conditions under subsection (g).
    (d) Applications.--
            (1) Applications for permits under this section shall be 
        made in such manner and form, and shall contain such 
        information, as the Secretary shall prescribe by regulation.
            (2) The Secretary shall publish notice in the Federal 
        Register of each application which is made for a permit under 
        this section. The notice shall invite the submission by 
        interested parties, within 30 days after the date of 
        publication of the notice, of written data, comments, or views 
        with respect to the application. Information received by the 
        Secretary as a part of any application shall be available to 
        the public as a matter of public record.
    (e) Action on Certain Permit Applications.--
            (1)(A) The Secretary shall refer to the appropriate 
        official any application received by the Secretary for a permit 
        under this section requesting authority to undertake an action 
        with respect to--
                    (i) any native mammal which is a marine mammal 
                within the meaning of section 3 of the Marine Mammal 
                Protection Act of 1972 (16 U.S.C. 1362);
                    (ii) any native animal, native bird, native plant, 
                or native invertebrate which is an endangered species 
                or threatened species under the Endangered Species Act 
                of 1973 (16 U.S.C. 1531 et seq.);
                    (iii) any native bird which is protected under the 
                Migratory Bird Treaty Act (16 U.S.C. 701 et seq.); or
                    (iv) the discharge of any untreated sewage into the 
                waters or onto the ice shelves of Antarctica other than 
                by a vessel.
            (B) For purposes of this subsection, the term ``appropriate 
        official'' means--
                    (i) the Administrator, in the case of an 
                application for a permit to undertake an action with 
                respect to the discharge of untreated sewage, and
                    (ii) in any other case the Secretary of the 
                Interior or the head of the appropriate office in the 
                Department of Commerce, as determined by the Secretary 
                of Commerce based on statutory responsibilities with 
                respect to the action to be undertaken under a permit.
            (2) After receiving a copy of any application from the 
        Secretary under paragraph (1), the appropriate official shall 
        promptly determine and notify the Secretary whether or not any 
        action proposed in the application would be prohibited by any 
        law administered by the appropriate official or otherwise 
        requires a permit or other authorization under any law 
        administered by the appropriate official.
            (3) If the appropriate official notifies the Secretary that 
        any action proposed in the application would be prohibited by 
        any law administered by the appropriate official, the Secretary 
        may not issue a permit under this section with respect to the 
        proposed action.
            (4) If the appropriate official notifies the Secretary that 
        any action proposed in the application requires a permit or 
        other authorization under any law administered by the 
        appropriate official, the Secretary may not issue a permit 
        under this section with respect to the proposed action unless 
        the other required permit or authorization is issued by the 
        appropriate official and a copy thereof is submitted to the 
        Secretary.
            (5) The issuance of any permit or other authorization by 
        the appropriate official for the carrying out of any action 
        with respect to an activity listed in paragraph (1) shall not 
        be considered to entitle the applicant concerned to the 
        issuance by the Secretary of a permit under this section.
    (f) Issuance of Permits.--As soon as practicable after receiving 
any application for a permit under this section, or, in the case of any 
application to which subsection (e) applies, as soon as practicable 
after the applicable requirements of that subsection are compiled with, 
the Secretary shall issue, or deny the issuance of, the permit. Within 
10 days after the date of the issuance or denial, the Secretary shall 
publish notice of the issuance or denial in the Federal Register, 
including a description of any permit terms and conditions.
    (g) Terms and Conditions of Permits.--
            (1) A permit may not be issued under this section for an 
        activity unless--
                    (A) the application for the permit contains 
                sufficient information to allow the Secretary to make a 
                prior assessment of, and informed judgment about, the 
                possible impacts of the proposed activity on 
                Antarctica, including cumulative impacts, and on the 
                value of Antarctica for the conduct of scientific 
                research; and
                    (B) if required by section 7, an environmental 
                impact statement has been prepared and circulated by 
                the Secretary of State to the parties to the Antarctic 
                Treaty and to the Committee for Environmental 
                Protection in accordance with the Protocol.
            (2) Each permit issued under this section shall specify--
                    (A) if applicable--
                            (i) the number and species of native 
                        mammals, native birds, native plants, or native 
                        invertebrates to which the permit applies;
                            (ii) the amount of sewage which may be 
                        discharged in Antarctica under the permit and 
                        the conditions for that discharge;
                            (iii) if any native mammal or native bird 
                        is authorized to be taken, transported, 
                        carried, or shipped under the permit, the 
                        manner (which manner must be determined by the 
                        Secretary to be humane) in which such action 
                        shall be accomplished, and the area in which 
                        any such taking shall occur;
                            (iv) if any plants are authorized to be 
                        taken under the permit, the location and manner 
                        in which they shall be taken; and
                            (v) if any United States facility, 
                        building, or airfield is to be constructed or 
                        decommissioned within Antarctica under the 
                        permit, the conditions for minimizing the 
                        impact of the construction or decommissioning 
                        on the environment of Antarctica;
                    (B) the period during which the permit is valid; 
                and
                    (C) other terms and conditions as the Secretary or 
                appropriate official considers necessary and 
                appropriate to ensure that any action authorized under 
                the permit is carried out in a manner consistent with 
                the Protocol, this Act, and the regulations issued 
                under this Act.
            (3) A permit which authorizes any taking (other than of a 
        specially protected species)--
                    (A) may be issued only for the purpose of 
                providing--
                            (i) specimens for scientific study or 
                        scientific information;
                            (ii) specimens for museums, zoological or 
                        botanical gardens, or other educational or 
                        cultural institutions; or
                            (iii) for the unavoidable consequences of 
                        scientific research activities; and
                    (B) shall ensure that--
                            (i) no more native mammals, native birds, 
                        and native plants are taken than are strictly 
                        necessary to carry out the activities 
                        authorized under subparagraph (A);
                            (ii) only small numbers (as determined by 
                        the Secretary) of native mammals, native birds, 
                        and native plants are taken, and in no case 
                        more native mammals or native birds than can, 
                        in combination with other permitted takings, 
                        normally be replaced by natural reproduction in 
                        the following season;
                            (iii) the variety of species and the 
                        balance of the natural ecological systems 
                        within Antarctica are maintained; and
                            (iv) the taking is determined, after peer 
                        review, to further a bona fide scientific 
                        purpose.
            (4) A permit which authorizes the taking of a specially 
        protected species may be issued only if--
                    (A) there is a compelling scientific purpose for 
                the taking as determined by peer review of the proposed 
                permit;
                    (B) the actions authorized under the permit will 
                not jeopardize any existing natural ecological system 
                or the survival or recovery of that species; and
                    (C) nonlethal techniques are used, if appropriate.
            (5) A permit which authorizes the introduction of any 
        nonindigenous animal or plant into Antarctica--
                    (A) may only be issued for animals and plants to be 
                used in a laboratory; and
                    (B) shall require that, prior to the expiration of 
                the permit, the animal or plant shall be removed from 
                Antarctica, unless the Secretary determines that it 
                poses no risk to native mammals, native birds, or 
                native plants.
            (6) A permit which authorizes the entry into any specially 
        protected area may be issued only if--
                    (A) there is a compelling scientific purpose for 
                the entry as determined by peer review;
                    (B) the actions allowed under any permit will not 
                jeopardize the natural ecological system existing in 
                the area; and
                    (C) the actions allowed under the permit are in 
                accordance with any management plan applicable to that 
                area.
            (7) A permit which authorizes the operation of United 
        States facilities within Antarctica, including the construction 
        or decommissioning of any United States base, building, or 
        airfield within Antarctica, may be issued for a 5-year period, 
        beginning with the austral season following the enactment of 
        this Act, if the Secretary determines that such operation will 
        take place in a manner consistent with the Protocol and the 
        provisions of this Act. The Secretary shall conduct annual 
        inspections of the operation of United States facilities in 
        Antarctica under the permit. The Secretary may renew the permit 
        for additional 5-year periods, if the Secretary makes the 
        determination required by the first sentence of this paragraph.
            (8) A permit which authorizes the construction or operation 
        of any incinerator within Antarctica--
                    (A) shall contain terms and conditions recommended 
                by the Administrator to ensure that emissions from the 
                incinerator are reduced to the maximum extent 
                practicable;
                    (B) shall restrict the material which may be 
                incinerated under the permit to food and food-
                contaminated waste; and
                    (C) shall not allow an incinerator to be operated 
                in Antarctica after December 31, 1994, unless the 
                Secretary, in consultation with the Director and 
                Administrator, finds and reports to the Congress 6 
                months prior to this date that there is no feasible and 
                practicable alternative for the disposal of food and 
                food-contaminated waste.
            (9) A permit which authorizes the disposal of sewage within 
        Antarctica, other than from a vessel, shall contain terms and 
        conditions recommended by the Administrator to minimize the 
        impact of the disposal on the Antarctic environment.
            (10) A permit which authorizes a person to conduct one or 
        more expeditions of 10 or more passengers by vessel to, from, 
        or within Antarctica--
                    (A) may be effective for a period of not more than 
                3 years; and
                    (B) may be issued only if--
                            (i) the Secretary determines that the 
                        expeditions under the permit will be conducted 
                        consistent with the Protocol and the provisions 
                        of this Act, and
                            (ii) the permit authorizes the Secretary to 
                        place observers on vessels to monitor 
                        compliance with the permit.
    (h) Judicial Review.--
            (1) Any applicant for a permit may obtain judicial review 
        pursuant to chapter 7 of title 5, United States Code, of--
                    (A) the terms and conditions of any permit issued 
                by the Secretary under this section; or
                    (B) refusal of the Secretary to issue a permit.
            (2) Review under this subsection may be initiated by filing 
        a petition for review in the United States district court for 
        the district wherein the applicant for a permit resides or that 
        is the principal place of business of the applicant, or in the 
        United States District Court for the District of Columbia, 
        within 60 days after the date on which the permit is issued or 
        denied.
    (i) Modification, Suspension, and Revocation.--
            (1) The Secretary may modify, suspend, or revoke, in whole 
        or in part, any permit issued under this section--
                    (A) if there is any change in conditions which 
                makes the permit inconsistent with this Act or the 
                provisions of the Protocol, including Article 3;
                    (B) in order to make the permit consistent with any 
                change made after the date of issuance of the permit to 
                any regulation prescribed under section 9; or
                    (C) in any case in which there has been any 
                violation of any term or condition of the permit, or of 
                any regulation prescribed under this Act or any 
                provision of this Act relating to that permit.
            (2) If the Secretary proposes any modification, suspension, 
        or revocation of a permit under this subsection, the permittee 
        shall be afforded opportunity, after due notice, for a hearing 
        by the Secretary with respect to the proposed modification, 
        suspension, or revocation. If a hearing is requested, the 
        action proposed by the Secretary shall not take effect before a 
        decision is issued after the hearing, unless the proposed 
        action is taken by the Secretary to protect the Antarctic 
        environment, and its dependent and associated ecosystems, or to 
        prevent the loss of human life.
            (3) The Secretary shall publish notice of the modification, 
        suspension, or revocation of any permit in the Federal Register 
        within 10 days after the date of the Secretary's decision, 
        including the reasons for the action.
    (j) Permit Fees.--The Secretary shall establish and charge fees for 
processing applications for permits under this section. The amount of 
the fees shall be commensurate with the administrative costs incurred 
by the Secretary in processing the application, but shall not include 
the costs to the Secretary of preparing an environmental impact 
statement that is required under section 7.

SEC. 7. ENVIRONMENTAL ASSESSMENT OF ACTIVITIES WITHIN ANTARCTICA.

    (a) Federal Activities.--
            (1) Each Federal agency which plans to conduct an activity 
        in Antarctica, including the conduct of scientific research and 
        the provision of logistical support to United States 
        facilities, shall review the activity to determine whether it 
        will have a minor or transitory impact on the environment of 
        Antarctica. If a Federal agency determines, through the 
        preparation of an environmental assessment or otherwise, that 
        the proposed activity will have no more than a minor or 
        transitory impact on the environment of Antarctica, the 
        activity may proceed if the agency monitors the activity to 
        assess and verify the minor or transitory impact of the 
        activity.
            (2) If a Federal agency determines, through the preparation 
        of an environmental assessment or otherwise, that a proposed 
        activity will have more than a minor or transitory impact on 
        the environment of Antarctica, the agency shall prepare an 
        environmental impact statement on the proposed activity 
        pursuant to section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
            (3) The Council on Environmental Quality shall issue 
        regulations necessary to implement subsection (a).
    (b) Nongovernmental Activities.--The Secretary, in consultation 
with the Chairman of the Council on Environmental Quality, shall issue 
regulations establishing procedures for the environmental assessment of 
nongovernmental activities conducted by any person within Antarctica, 
consistent with the National Environmental Policy Act of 1969 and the 
Protocol.
    (c) Review by Parties to the Antarctic Treaty.--No decision shall 
be taken to proceed with or permit an activity for which an 
environmental impact statement is prepared under this section until--
            (1) the draft statement has been made publicly available 
        for at least 90 days and circulated by the Secretary of State 
        to all parties to the Antarctic Treaty and the Committee for 
        Environmental Protection at least 120 days before the next 
        meeting of the Antarctic Treaty Consultative Parties;
            (2) there has been an opportunity for consideration of the 
        draft statement at a meeting of the Antarctic Treaty 
        Consultative Parties, except that no decision to proceed with a 
        proposed activity shall be delayed through the operation of 
        this paragraph for more than 15 months from the circulation of 
        the draft statement;
            (3) a final statement has been made publicly available at 
        least 60 days before the commencement of the proposed activity; 
        and
            (4) monitoring procedures have been established to assess 
        and verify the impacts of the activity.
    (d) Exception.--This section shall not apply in cases of extreme 
emergency relating to the prevention of the loss of human life or 
involving the safety of a ship or aircraft.

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

    (a) Monitoring.--
            (1) The Secretary, in consultation with the Director and 
        the Administrator, shall develop and implement a plan for the 
        monitoring of activities within Antarctica, including the 
        operation of United States facilities, scientific research, and 
        expeditions, that have more than a minor or transitory impact 
        on the environment of Antarctica.
            (2) The Secretary may conduct a program for monitoring the 
        health of the waters of Antarctica and the Southern Ocean as 
        part of a global ocean observing system.
    (b) Inspections.--The Secretary of State may agree on behalf of the 
United States to a system of observation and inspection and to interim 
arrangements pending the establishment of such a system pursuant to 
Article 14 of the Protocol.
    (c) Land-Based Contingency Plans.--The Secretary, in consultation 
with the Administrator and the Secretary of the department in which the 
Coast Guard is operating, shall develop requirements for contingency 
plans for response to incidents caused by persons within Antarctica 
with potential adverse effects on the environment of Antarctica in 
accordance with Article 15 of the Protocol.
    (d) Reports.--The Secretary of State shall--
            (1) circulate to all parties to the Antarctic Treaty, after 
        notice and public comment, all inspection and compliance 
        reports and all actions taken to ensure compliance with the 
        Protocol, including notice of activities undertaken in cases of 
        emergency; and
            (2) bring promptly to the attention of other parties to the 
        Antarctic Treaty all known incidents of noncompliance with the 
        Protocol by the nationals of those parties.

SEC. 9. REGULATIONS.

    (a) In General.--The Secretary and the Secretary of the department 
in which the Coast Guard is operating, after consultation with 
appropriate officials, shall promulgate such regulations as are 
necessary and appropriate to implement this Act, taking into account 
the Antarctic Treaty, any measures adopted thereunder, the Protocol, 
and any awards issued thereunder by a competent tribunal.
    (b) Specific Regulations.--The Secretary shall issue regulations 
which--
            (1) designate, as native species--
                    (A) each species of the class Aves,
                    (B) each species of the class Mammalia, and
                    (C) each species of plant,
        which is indigenous to Antarctica or occurs in Antarctica 
        through natural dispersal or migration;
            (2) specify those actions which shall, and those actions 
        which shall not, be taken within Antarctica to protect, in 
        accordance with the applicable provisions of the Protocol, 
        members of each native species designated under paragraph (1);
            (3) identify each area designated by the parties to the 
        Antarctic Treaty as a specially protected area or specially 
        managed area, and implement the provisions of the management 
        plan applicable to such area;
            (4) designate, as a specially protected species, any 
        species of native mammal, native bird, native plant, or native 
        invertebrate which is approved by the United States for special 
        protection in addition to those listed in Annex II to the 
        Protocol;
            (5) designate, in consultation with the Administrator, as a 
        prohibited product for purposes of section 3(15)(E) any 
        substance which the Secretary finds liable, if the substance is 
        introduced into Antarctica, to create hazards to human health, 
        to harm living resources or marine life, to damage amenities, 
        or to interfere with other legitimate uses of Antarctica;
            (6) specify, in consultation with the Director, the 
        Administrator, and the Secretary of the department in which the 
        Coast Guard is operating, those actions which shall, and those 
        actions which shall not, be taken to prevent or control the 
        discharge or other disposal of prohibited products from any 
        source within Antarctica;
            (7) designate, in consultation with the Director, those 
        animals and plants that are not indigenous to Antarctica, which 
        either may, or may not, be introduced into Antarctica, and 
        specify those control measures which shall be observed with 
        respect to any such animals or plants which are allowed to be 
        introduced;
            (8) specify, in consultation with the Director and the 
        Administrator, those actions which shall be taken for the 
        cleanup of United States facilities in Antarctica in accordance 
        with Annex III to the Protocol;
            (9) specify, in consultation with the Chairman of the 
        Council on Environmental Quality, the emergency circumstances 
        with respect to which section 5(b) and section 7(d) apply;
            (10) issue general permits in accordance with section 6(c);
            (11) set forth the form, content, and manner of filing, if 
        applicable, of all notices, reports, declarations, or other 
        documentation which may be required with respect to the 
        carrying out of any act for which a permit is required under 
        section 6;
            (12) establish, in consultation with interested persons, 
        including scientific researchers, guidelines that distinguish 
        Antarctic mineral resource activities from scientific research 
        within the meaning of Article III of the Antarctic Treaty; and
            (13) specify those actions which shall, and those actions 
        which shall not, be taken to ensure compliance by persons whose 
        activities are permitted under section 6 with the principles of 
        Article 3 of the Protocol.
    (c) Schedule for Regulations.--The regulations required by this 
section shall be issued within 2 years after the date of enactment of 
this Act.

SEC. 10. CIVIL PENALTIES.

    (a) Assessment of Penalties.--
            (1) Any person who is found by the Secretary, after notice 
        and opportunity for a hearing in accordance with subsection 
        (b), to have committed any act prohibited by section 5 shall be 
        liable to the United States for a civil penalty. The amount of 
        the civil penalty shall not exceed $25,000 for each violation. 
        Each day of a continuing violation shall constitute a separate 
        offense. The amount of any civil penalty shall be assessed by 
        the Secretary by written notice. In determining the amount of 
        the penalty, the Secretary shall take into account the nature, 
        circumstances, extent, and gravity of the prohibited acts 
        committed, and, with respect to the violator, the degree of 
        culpability, any history of prior offenses, ability to pay, and 
        such other matters as justice may require, to the extent that 
        the information is reasonably available to the Secretary.
            (2) The Secretary may compromise, modify, or remit, with or 
        without conditions, any civil penalty which may be imposed 
        under this section.
    (b) Hearings.--Hearings for the assessment of civil penalties under 
subsection (a) shall be conducted in accordance with section 554 of 
title 5, United States Code. For the purposes of conducting any such 
hearing, the Secretary may issue subpoenas for the attendance and 
testimony of witnesses and the production of relevant papers, books, 
and documents, and may administer oaths. Witnesses summoned shall be 
paid the same fees and mileage that are paid to witnesses in the courts 
of the United States. In case of contempt or refusal to obey a subpoena 
served upon any person pursuant to this subsection, the district court 
of the United States for any district in which the person is found, 
resides, or transacts business, upon application by the United States 
and after notice to the person, shall have jurisdiction to issue an 
order requiring the person to appear and give testimony before the 
Secretary or to appear and produce documents before the Secretary, or 
both, and any failure to obey such order of the court may be punished 
by the court as a contempt thereof.
    (c) Review of Civil Penalty.--Any person against whom a civil 
penalty is assessed under subsection (a) may obtain review thereof in 
the appropriate district court of the United States by filing a 
complaint in the court within 30 days after the date of the order and 
by simultaneously sending a copy of the complaint by certified mail to 
the Secretary, the Attorney General, and the appropriate United States 
Attorney. The Secretary shall promptly file in the court a certified 
copy of the record upon which the violation was found or the penalty 
imposed, as provided in section 2112 of title 28, United States Code. 
The court shall set aside the findings and order of the Secretary if 
the findings and order are found to be unsupported by substantial 
evidence, as provided in section 706(2)(E) of title 5, United States 
Code.
    (d) Recovery of Civil Penalties.--The Attorney General may seek to 
recover in any appropriate district court of the United States (1) any 
civil penalty imposed under this section that has become a final and 
unappealable order and has been referred to the Attorney General by the 
Secretary, or (2) any final judgment rendered under this section in 
favor of the United States by an appropriate court. In such action, the 
validity and appropriateness of the final order imposing the civil 
penalty shall not be subject to review.
    (e) Penalties Under Other Laws.--The assessment of a civil penalty 
under subsection (a) for any act shall not be considered to preclude 
the assessment of a civil penalty for the act under any other law.

SEC. 11. CRIMINAL OFFENSES.

    (a) Offenses.--A person is guilty of an offense if that person 
knowingly commits any act prohibited by section 5.
    (b) Punishment.--Any offense under subsection (a) is punishable by 
imprisonment for not more than one year, or a fine under title 18, 
United States Code, or both.
    (c) Offenses Under Other Laws.--A conviction under subsection (a) 
for any act shall not be considered to preclude a conviction for the 
act under any other law.

SEC. 12. ENFORCEMENT.

    (a) Responsibility.--The provisions of this Act shall be enforced 
by the Secretary and the Secretary of the department in which the Coast 
Guard is operating. The Secretaries may utilize by agreement, on a 
reimbursable basis or otherwise, the personnel, services, and 
facilities (including aircraft and vessels) of any other department or 
agency of the United States in the performance of such duties.
    (b) Powers of Authorized Officers and Employees.--Any officer or 
employee of the United States who is authorized by the Secretary, the 
Secretary of the department in which the Coast Guard is operating, or 
the head of any department or agency of the United States which has 
entered into an agreement with either Secretary under subsection (a), 
to enforce the provisions of this Act, any regulation promulgated under 
this Act, or any permit issued under this Act may, in enforcing such 
provision--
            (1) secure, execute, and serve any order, warrant, 
        subpoena, or other process, which is issued under the authority 
        of the United States or by any court of competent jurisdiction;
            (2) search without warrant any person, place, vehicle, or 
        aircraft subject to the jurisdiction of the United States if 
        there are reasonable grounds to believe that a person has 
        committed an act prohibited by section 5;
            (3) with or without a warrant board and search or inspect 
        any vessel of the United States or vessel subject to the 
        jurisdiction of the United States;
            (4) seize without warrant--
                    (A) any evidentiary item if there are reasonable 
                grounds to believe that a person has committed an act 
                prohibited by section 5,
                    (B) any native mammal, native bird, native plant, 
                native invertebrate, or mineral resource (or part of 
                product thereof) with respect to which such an act is 
                committed,
                    (C) any vessel of the United States (including its 
                gear, furniture, appurtenances, stores, and cargo), any 
                vessel subject to the jurisdiction of the United States 
                (including its gear, furniture, appurtenances, stores, 
                and cargo), any vehicle, aircraft, or other means of 
                transportation that is subject to the jurisdiction of 
                the United States used in connection with such an act, 
                and
                    (D) any guns, traps, nets, or equipment used in 
                connection with such an act;
            (5) offer and pay rewards for information which may lead to 
        the apprehension of persons violating such provisions;
            (6) make inquiries, and administer to or take from, any 
        person an oath, affirmation, or affidavit, concerning any 
        matter which is related to the enforcement of such provisions;
            (7) in coordination with the Secretary of the Treasury, 
        detain for inspection and inspect any package, crate, or other 
        container, including its contents and all accompanying 
        documents, upon importation into or exportation from the United 
        States;
            (8) make an arrest with or without a warrant with respect 
        to any act prohibited by section 5, if such officer or employee 
        has reasonable grounds to believe that the person to be 
        arrested is committing such act in his or her presence or view 
        or has committed such act;
            (9) exercise enforcement powers conferred on the officer or 
        employee under a system of observation and inspection, or 
        interim arrangements pending the establishment of such a 
        system, which the President has agreed to on behalf of the 
        United States; and
            (10) exercise any other authority which the officer or 
        employee is permitted by law to exercise.
    (c) Seizure.--Any property or item seized pursuant to subsection 
(b) shall be held by any officer or employee of the United States who 
is authorized by the Secretary or the Secretary of the department in 
which the Coast Guard is operating, pending the disposition of civil or 
criminal proceedings concerning the violation relating to the property 
or item or the institution of an action in rem for the forfeiture of 
such property or item. Such authorized officer or employee may, upon 
the order of a court of competent jurisdiction, either release the 
seized property or item to the wild or destroy the property or item if 
the cost of maintenance of the property or item pending the disposition 
of the case is greater than the legitimate market value of the property 
or item. The authorized officer or employee and all officers or 
employees acting by or under his or her direction shall be indemnified 
from any penalties or actions for damages for so releasing or 
destroying the property or item, unless the actions of the officer or 
employee are grossly negligent or constitute willful misconduct. The 
authorized officer or employee may, in lieu of holding such property or 
item, permit the owner or consignee thereof to post a bond or other 
satisfactory surety.
    (d) Forfeiture.--
            (1) Any native mammal, native bird, native plant, native 
        invertebrate, or mineral resource with respect to which an act 
        prohibited by section 5 is committed, any vessel of the United 
        States (including its gear, furniture, appurtenances, stoves, 
        and cargo), any vessel, vehicle, or aircraft or other means of 
        transportation subject to the jurisdiction of the United States 
        which is used in connection with an act prohibited by section 
        5, and all guns, traps, nets, and other equipment used in 
        connection with such act, shall be subject to forfeiture to the 
        United States.
            (2) Upon the forfeiture to the United States of any item 
        described in paragraph (1), or upon the abandonment or waiver 
        of any claim to any such item, it shall be disposed of by the 
        Secretary, or the Secretary of the department in which the 
        Coast Guard is operating, as the case may be, in such a manner, 
        consistent with the purposes of this Act, as may be prescribed 
        by regulation.
    (e) Application of Laws.--All provisions of law relating to the 
seizure, forfeiture, and condemnation of property (including vessels) 
for violation of the customs laws, the disposition of the property or 
the proceeds from the sale thereof, and the remission or mitigation of 
the forfeiture, shall apply to the seizures and forfeitures incurred, 
or alleged to have been incurred, and the compromise of claims, under 
the provisions of this Act, insofar as such provisions of law are 
applicable and not inconsistent with the provisions of this Act; except 
that all powers, rights, and duties conferred or imposed by the customs 
laws may, for the purposes of this Act, also be exercised or performed 
by the Secretary, or the Secretary of the department in which the Coast 
Guard is operating, or by such officers or employees of the United 
States as the Secretary or the Secretary of the department in which the 
Coast Guard is operating may designate.
    (f) Emergency Powers.--Notwithstanding any other provision of this 
Act, the Secretary or the Secretary of the department in which the 
Coast Guard is operating, upon receipt of evidence that an activity by 
any person is presenting, or is threatening to present, an imminent and 
substantial endangerment to the environment of Antarctica or to the 
health and safety of persons residing therein, may bring suit on behalf 
of the United States in the appropriate district court of the United 
States to immediately restrain that person causing the activity to stop 
the activity or to take such other action as may be necessary.
    (g) Inspection Fees.--The Secretary and the Secretary of the 
department in which the Coast Guard is operating may charge reasonable 
fees for the expenses of the United States incurred in carrying out 
inspections and in transferring, boarding, handling, or storing native 
mammals, native birds, native plants, native invertebrates, animals and 
plants not indigenous to Antarctica, mineral resources, and other 
evidentiary items seized or forfeited under this Act.

SEC. 13. IN REM LIABILITY; JURISDICTION OF COURTS.

    (a) In Rem Liability.--A vessel of the United States, or a vessel 
subject to the jurisdiction of the United States, that is operated in 
violation of the Protocol, this Act, or the regulations issued under 
this Act is liable in rem for any civil penalty assessed under section 
10 or any fine imposed under section 11, and may be proceeded against 
in any district court of the United States having jurisdiction. The 
penalty or fine shall constitute a lien on the vessel which may be 
recovered in an action in rem in the district court of the United 
States having jurisdiction.
    (b) Jurisdiction of Courts.--The district courts of the United 
States shall have jurisdiction over any case or controversy arising 
under the provisions of this Act or of any regulation or permit issued 
under this Act.

SEC. 14. MARINE POLLUTION.

    (a) References.--Whenever in this section an amendment or repeal is 
expressed in terms of an amendment to or repeal of a section, 
subsection, or other provision, the reference shall be considered to be 
made to a section, subsection, or other provision of the Act to Prevent 
Pollution from Ships (33 U.S.C. 1901 et seq.).
    (b) Definitions.--Section 2(a) (33 U.S.C. 1901(a)) is amended--
            (1) in paragraph (8) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (9) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(10) `Antarctica' means the area south of 60 degrees 
        south latitude, including all ice shelves; and
            ``(11) `Antarctic Protocol' means the Protocol on 
        Environmental Protection to the Antarctic Treaty, done at 
        Madrid on October 4, 1991, and all annexes thereto.''.
    (c) Application of Annex IV.--Section 2 (33 U.S.C. 1901) is further 
amended by adding at the end the following:
    ``(c) The requirements of Annex IV to the Antarctic Protocol shall 
apply in Antarctica--
            ``(1) to all ships described in section 3(a)(1); and
            ``(2) to all other ships over which the United States has 
        jurisdiction, including all ships engaged in or supporting 
        United States Antarctic operations.''.
    (d) Application in Antarctica of Act To Prevent Pollution From 
Ships.--Section 3 (33 U.S.C. 1902) is amended--
            (1) in subsection (a) by striking ``and'' after the 
        semicolon at the end of paragraph (3), by striking the period 
        at the end of paragraph (4) and inserting ``; and'', and by 
        adding at the end the following:
            ``(5) with respect to Annex IV to the Antarctic Protocol, 
        to all ships described in paragraph (1) and to all other ships 
        over which the United States has jurisdiction, including all 
        ships engaged in or supporting United States Antarctic 
        operations.''; and
            (2) in subsection (b)(2)--
                    (A) in subparagraph (A) by striking ``subparagraph 
                (B)'' and inserting ``subparagraph (C)'';
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following:
            ``(B) Notwithstanding any provision of the Antarctic 
        Protocol and subject to subparagraph (C), the requirements of 
        Annex IV to that Protocol shall apply to a ship referred to in 
        paragraph (1)(A) operating in Antarctica.''.
    (e) Administration.--Section 4(a) (33 U.S.C. 1903(a)) is amended in 
the first sentence by inserting ``, Annex IV to the Antarctic 
Protocol,'' after ``MARPOL Protocol''.
    (f) Regulations.--Section 4 (33 U.S.C. 1903) is amended--
            (1) in subsection (b)(1) by inserting ``, Annex IV to the 
        Antarctic Protocol,'' after ``MARPOL Protocol''; and
            (2) by adding at the end of subsection (b) the following:
    ``(3) The Secretary shall prescribe, within 2 years after the 
effective date of the Antarctic Environmental Protection Protocol Act 
of 1992, regulations to implement Annex IV to the Antarctic Protocol, 
including regulations to ensure that all ships described in section 
3(a)(1) and all other ships over which the United States has 
jurisdiction have contingency plans for marine pollution incidents in 
Antarctica.''.
    (g) Retention of Pollution in Antarctica.--Section 6 (33 U.S.C. 
1905) is amended by adding at the end the following:
    ``(g) The Secretary shall ensure that all ships described in 
section 3(a)(1) and all other ships over which the United States has 
jurisdiction, before entering Antarctica--
            ``(1) have sufficient capacity in accordance with Annex IV 
        to the Antarctic Protocol to retain on board, all oil, noxious 
        liquid substances, and garbage; and
            ``(2) have concluded arrangements to discharge oil, noxious 
        liquid substances, and garbage at reception facilities outside 
        of Antarctica.''.
    (h) Violations and Enforcement.--Section 8 (33 U.S.C. 1907) is 
amended--
            (1) in subsection (a)--
                    (A) in the first sentence by inserting ``Annex IV 
                to the Antarctic Protocol,'' after ``MARPOL 
                Protocol,''; and
                    (B) by inserting after the second sentence the 
                following: ``The Secretary shall cooperate with other 
                parties to the Antarctic Protocol in the detection of 
                violations of Annex IV to that Protocol and in its 
                enforcement.'';
            (2) in subsection (b)--
                    (A) in the fourth sentence by inserting ``or Annex 
                IV to the Antarctic Protocol as applicable,'' after 
                ``MARPOL Protocol''; and
                    (B) in the fifth sentence by inserting ``or a party 
                to the Antarctic Protocol'' after ``MARPOL Protocol''; 
                and
            (3) in subsection (e)--
                    (A) by redesignating paragraph (2) as paragraph 
                (3); and
                    (B) by inserting after paragraph (1) the following:
            ``(2) The Secretary may inspect at any time a ship 
        described in section 3(a)(1) or any other ship over which the 
        United States has jurisdiction, to verify whether that ship has 
        discharged oil, a noxious liquid substance, garbage, or sewage 
        in violation of Annex IV to the Antarctic Protocol or in 
        violation of any provision of this Act that implements that 
        Protocol.''.
    (i) Penalties.--Section 9 (33 U.S.C. 1908) is amended--
            (1) in subsection (a) by inserting ``Annex IV to the 
        Antarctic Protocol,'' after ``MARPOL Protocol,'';
            (2) in subsection (b) by inserting ``Annex IV to the 
        Antarctic Protocol,'' after ``MARPOL Protocol,'' each place it 
        appears;
            (3) in subsection (d) by inserting ``Annex IV to the 
        Antarctic Protocol,'' after ``MARPOL Protocol,'';
            (4) in subsection (e) by inserting ``, Annex IV to the 
        Antarctic Protocol,'' after ``MARPOL Protocol''; and
            (5) in subsection (f) by inserting ``or to the Antarctic 
        Protocol'' after ``MARPOL Protocol'' each place it appears.

SEC. 15. RELATION TO EXISTING TREATIES, STATUTES, REGULATIONS, AND 
              PERMITS.

    (a) In General.--Except as provided in subsection (b) and section 
14, nothing in this Act shall be construed as contravening or 
superseding--
            (1) any international treaty, convention, or agreement, if 
        such treaty, convention, or agreement is in force with respect 
        to the United States on the date of enactment of this Act; or
            (2) any statute which implements any such treaty, 
        convention, or agreement.
    (b) Repeal of Statutes.--The Antarctic Conservation Act of 1978 (16 
U.S.C. 2401 et seq.) and the Antarctic Protection Act of 1990 (16 
U.S.C. 2461 et seq.) are repealed.
    (c) Savings Provisions.--
            (1) Nothing in this Act shall affect the authority of the 
        Director--
                    (A) to support basic research investigations of the 
                Antarctic environment to understand globally important 
                processes; and
                    (B) to operate, in accordance with this Act, United 
                States facilities, bases, and stations in Antarctica.
            (2) All regulations issued under the Antarctic Conservation 
        Act of 1978 (16 U.S.C. 2401 et seq.) shall remain in effect 
        until the Secretary or the Secretary of the department in which 
        the Coast Guard is operating, as the case may be, promulgates 
        new regulations under section 9 or section 14 of this Act, 
        except that if the regulations issued under that Act are 
        inconsistent with the Protocol or have been superseded by the 
        provisions of this Act, the Protocol and this Act shall 
        control.
            (3) All permits issued under the Antarctic Conservation Act 
        of 1978 (16 U.S.C. 2401 et seq.) shall remain in effect until 
        they expire in accordance with the terms of those permits.

SEC. 16. AMENDMENTS.

    (a) Acceptance of Certain Amendments.--A proposed amendment to the 
Protocol may be accepted on behalf of the United States by the 
President following the advice and consent of the Senate, except as 
provided for in subsection (b).
    (b) Action on Certain Amendments by President.--A proposed 
amendment to Annex I, II, III, IV, or V of the Protocol may be the 
subject of appropriate action on behalf of the United States by the 
Secretary of State following notification to the Congress.

SEC. 17. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the prohibition on Antarctic mineral resource 
        activities in Article 7 of the Protocol should remain in effect 
        permanently or indefinitely;
            (2) the Secretary of State should promptly enter into 
        negotiations with other parties to the Antarctic Treaty to 
        conclude an agreement on rules and procedures relating to 
        liability for damage arising from activities in Antarctica and 
        covered by the Protocol; and
            (3) the Secretary should ensure that the results of all 
        scientific investigations relating to geological processes and 
        structures are made openly available to the public and 
        scientific community.

SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated--
            (1) to the Secretary $25,000,000 for each of fiscal years 
        1994, 1995, and 1996 to carry out this Act;
            (2) to the Secretary of the department in which the Coast 
        Guard is operating $5,000,000 for each of fiscal years 1994, 
        1995, and 1996 to carry out section 14; and
            (3) to the Secretary of State $500,000 for each of fiscal 
        years 1994, 1995, and 1996 to carry out this Act.

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