Calendar No. 349

103D CONGRESS

2D SESSION S. 1427

[Report No. 103–222]

A BILL

To provide the necessary authority to manage the

living resources, and for other purposes.and to regulate the taking of Antarctic marineresearch expeditions and United States tourists,activities in Antarctica of United States scientific

JANUARY 25, 1994

Reported with an amendment
II

Calendar No. 349

103D CONGRESS

2D SESSION S. 1427

[Report No. 103–222]

To provide the necessary authority to manage the activities in Antarctica

of United States scientific research expeditions and United States tourists, and to regulate the taking of Antarctic marine living resources,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 6 (legislative day, JUNE 30), 1993

Mr. KERRY (for himself and Mr. HOLLINGS) introduced the following bill;

which was read twice and referred to the Committee on Commerce,

Science, and Transportation

JANUARY 25, 1994

Reported by Mr. HOLLINGS, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To provide the necessary authority to manage the activities

in Antarctica of United States scientific research expeditions and United States tourists, and to regulate the

taking of Antarctic marine living resources, and for other

purposes.

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

2 This Act may be cited as the ‘‘Antarctic Scientific

3 Research, Tourism, and Marine Resources Act of 1993’’.

4 SEC. 2. FINDINGS.

5 The Congress finds the following:

6 (1) For well over a quarter of a century, sci7 entific investigation has been the main activity of

8 the Federal Government and United States nationals

9 in Antarctica.

10 (2) More recently Antarctica has become of in11 creasing interest to American tourists.

12 (3) As the lead civilian agency in Antarctica,

13 the National Science Foundation has long had the

14 responsibility of ensuring that United States sci15 entific expeditions and tourism, and their supporting

16 logistics operations, are conducted with an eye to

17 preserving the special values of the Antarctic region.

18 (4) The National Science Foundation, in close

19 cooperation with other scientific agencies, has grant20 ed many scientific and other permits under the Ant21 arctic Conservation Act of 1978, which implemented

22 the Agreed Measures for the Conservation of Ant23 arctic Fauna and Flora adopted under the auspices

24 of the Antarctic Treaty.

25 (5) The Antarctic Marine Living Resources

26 Convention Act of 1984 and the Antarctic Protec-
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1 tion Act of 1990 reinforce this stewardship objective

2 by assigning the Under Secretary of Commerce for

3 Oceans and Atmosphere the duty to conserve the liv4 ing and nonliving marine resources of the Antarctic

5 region.

6 (6) The recently concluded Protocol on Envi7 ronmental Protection to the Antarctic Treaty, which

8 supplants the Agreed Measures on Fauna and Flora,

9 is the latest step in safeguarding Antarctica as a

10 natural reserve for science.

11 (7) Effective implementation of the Protocol for

12 the United States will be best and most efficiently

13 accomplished by keeping the National Science Foun14 dation in its lead agency role in managing scientific

15 activities in Antarctica, and by assigning other roles

16 to the Department of Commerce such as tourism

17 and resource regulation.

18 SEC. 3. DEFINITIONS.

19 In this Act, the following definitions apply:

20 (1) The term ‘‘Antarctica’’ means the area

21 south of 60 degrees south latitude.

22 (2) The term ‘‘Antarctic Treaty’’ means the

23 Antarctic Treaty signed in Washington, District of

24 Columbia, on December 1, 1959.
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1 (3) The term ‘‘Director’’ means the Director of

2 the National Science Foundation.

3 (4) The term ’’minor or transitory impact’’

4 means a minor or transitory impact as described in

5 Article 8 of the Protocol.

6 (5) The term ‘‘Protocol’’ means the Protocol on

7 Environmental Protection to the Antarctic Treaty,

8 done at Madrid on October 4, 1991, and all the

9 annexes thereto.

10 (6) The term ‘‘Secretary’’ means the Secretary

11 of Commerce.

12 (7) The term ‘‘vessel of the United States’’ has

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

14 46, United States Code.

15 (8) The term ‘‘vessel subject to the jurisdiction

16 of the United States’’ means a foreign vessel that—

17 (A) is used to provide logistic support to

18 United States facilities in Antarctica; or

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

20 Antarctica, if—

21 (i) there is an agreement between the

22 United States and the flag nation of the

23 foreign vessel regarding such transpor24 tation;
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1 (ii) the flag nation of the foreign ves2 sel is a party to the Protocol and has re3 ferred 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.—(1) The President shall appoint

12 an officer or employee of the United States as the United

13 States representative to the Committee for Environmental

14 Protection under the Protocol. Such officer or employee

15 shall have the technical qualifications required to serve in

16 such capacity.

17 (2) The person appointed under paragraph (1) shall

18 receive no additional compensation for serving as the

19 United States representative.

20 (b) ARBITRATORS.—(1) The Secretary of State shall

21 designate up to three arbitrators to serve on the Arbitral

22 Tribunal to be established under the Protocol.

23 (2) Each arbitrator shall be experienced in Antarctic

24 affairs, have a thorough knowledge of international law,
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1 and have the highest reputation for fairness, competence,

2 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 SEC. 5. UNLAWFUL ACTIVITIES.

7 It is unlawful for any person—

8 (1) to conduct an activity within Antarctica, in9 cluding tourism, scientific research, expeditions, and

10 logistical support to United States facilities and

11 bases, in a manner inconsistent with the Protocol;

12 (2) to violate a provision of this Act, a regula13 tion promulgated under this Act, or the terms of a

14 permit issued under this Act;

15 (3) to refuse to permit an authorized officer or

16 employee of the United States to board a vessel of

17 the United States or a vessel subject to the jurisdic18 tion of the United States for the purpose of conduct19 ing any search or inspection in connection with the

20 enforcement of this Act;

21 (4) to assault, resist, oppose, impede, intimi22 date, or interfere with an authorized officer or em23 ployee of the United States in the conduct of any

24 search or inspection described in paragraph (3);
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1 (5) to resist a lawful arrest or detention for an

2 act prohibited by this section;

3 (6) to interfere with, delay, or prevent, by any

4 means, the apprehension, arrest, or detention of an5 other person, knowing that such other person has

6 committed any act prohibited by this section; or

7 (7) to attempt to commit an act prohibited by

8 this section.

9 SEC. 6. PERMITS AND OTHER REGULATORY CONTROLS.

10 (a) ACTIVITIES REQUIRING PERMITS.—The following

11 activities shall not be conducted by any person in Antarc12 tica, except in accordance with a permit issued in accord13 ance with this section:

14 (1) The conduct or support by a person of a

15 tourism expedition or other nongovernmental expedi16 tion by vessel or aircraft to, from, or within Antarc17 tica.

18 (2) The operation of United States facilities

19 within Antarctica, including the construction or de20 commissioning of a United States base, building, or

21 airfield.

22 (3) An activity for which the Protocol requires

23 a permit.

24 (b) APPLICATIONS.—(1) Applications for permits

25 under this section shall be made in such manner and form,
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1 and shall contain such information, as the Director with

2 the concurrence of the Secretary shall prescribe by regula3 tion.

4 (2) The Director shall publish notice in the Federal

5 Register of each application for a permit under this sec6 tion. The notice shall invite the submission by interested

7 parties, within 30 days after the date of publication of the

8 notice, of written data, comments, or views with respect

9 to the application. Information received by the Director

10 as a part of an application shall be available to the public

11 as a matter of public record.

12 (c) ACTION ON CERTAIN PERMIT APPLICATIONS.—

13 (1) When the Director receives an application for a permit

14 under this section to undertake an action to which a law

15 administered by another Federal agency applies, the Di16 rector shall refer the application to such agency for review

17 and appropriate action.

18 (2) After receiving a copy of an application from the

19 Director under paragraph (1), the head of the Federal

20 agency concerned shall promptly determine and notify the

21 Director whether or not an action proposed in the applica22 tion would be prohibited by a law administered by such

23 agency or otherwise requires a permit or other authoriza24 tion under a law administered by such agency.
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1 (3) If the head of such agency notifies the Director

2 that an action proposed in the application would be pro3 hibited by a law administered by such agency, the Director

4 may not issue a permit under this section with respect

5 to the proposed action.

6 (4) If the head of such agency notifies the Director

7 that an action proposed in the application requires a per8 mit or other authorization under a law administered by

9 such agency, the Director may not issue a permit under

10 this section with respect to the proposed action unless the

11 other required permit or authorization is issued by such

12 agency and a copy thereof is submitted to the Director.

13 (d) ISSUANCE OF PERMITS.—(1) As soon as prac14 ticable after receiving an application for a permit under

15 this section, or, in the case of an application to which sub16 section (c) applies, as soon as practicable after the applica17 ble requirements of that subsection are complied with, the

18 Director shall issue, or deny the issuance of, the permit.

19 Within 10 days after the date of the issuance or denial,

20 the Director shall publish notice of the issuance or denial

21 in the Federal Register, including a description of any per22 mit terms and conditions.

23 (2) Subject to paragraph (3), a permit may not be

24 issued under this section for an activity unless—
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1 (A) the application for the permit contains suf2 ficient information to allow the Director to make a

3 prior assessment of, and informed judgment about,

4 the possible impacts of the proposed activity on Ant5 arctica, including cumulative impacts, and on the

6 value of Antarctica for the conduct of scientific

7 research;

8 (B) if required under section 7, an environ9 mental impact statement has been prepared, and cir10 culated by the Secretary of State in accordance with

11 the Protocol; and

12 (C) the proposed activity is consistent with this

13 Act and the Protocol.

14 (3) If the proposed activity is the expansion, con15 struction, or decommissioning of a United States base,

16 building, or air field, or the operation of a United States

17 base, building, or air field that was expanded or con18 structed after the date of enactment of this Act, the Direc19 tor may not issue a permit for that activity unless the Di20 rector determines that—

21 (A) the requirements of paragraph (2) are com22 plied with;

23 (B) there is a substantial national need for the

24 activity; and
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1 (C) there is no practicable alternative that will

2 have a less adverse impact on the environment.

3 (4) If the proposed activity is a tourism activity, an

4 activity described in paragraph (3), or an introduction or

5 taking of an Antarctic marine living resource to which the

6 Antarctic Marine Living Resources Convention Act of

7 1984 applies, or if the Director determines that the activ8 ity will have more than a minor or transitory impact, the

9 Director may issue a permit only if the Secretary concurs.

10 (5) Activities regulated by an annex to the Protocol

11 and which are authorized under a permit issued by the

12 Director are considered to be in compliance with Article

13 3 of the Protocol.

14 (e) TERMS AND CONDITIONS OF PERMITS.—Each

15 permit issued under this section shall specify the period

16 during which the permit is valid and such other terms and

17 conditions as the Director (or, if applicable, the head of

18 any Federal agency described in subsection (c)) considers

19 appropriate to ensure that an action authorized under the

20 permit is carried out in a manner consistent with the Pro21 tocol, this Act, and the regulations promulgated under this

22 Act.

23 (f) JUDICIAL REVIEW.—(1) Any applicant for a per24 mit may obtain judicial review pursuant to chapter 7 of

25 title 5, United States Code, of—
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1 (A) the terms and conditions of a permit issued

2 by the Director under this section; or

3 (B) refusal of the Director to issue a permit.

4 Review under this subsection may be initiated by fil5 ing a petition for review in the United States district court

6 for the district wherein the applicant for a permit resides

7 or that is the principal place of business of the applicant,

8 or in the United States District Court for the District of

9 Columbia, within 60 days after the date on which the per10 mit is issued or denied.

11 (g) MODIFICATION, SUSPENSION, AND REVOCA12 TION.—(1) The Director may modify, suspend, or revoke,

13 in whole or in part, a permit issued under this section—

14 (A) if there is a change in conditions which

15 makes the permit inconsistent with this Act or the

16 provisions of the Protocol, including Article 3 of the

17 Protocol;

18 (B) in order to make the permit consistent with

19 a change made after the date of issuance of the per20 mit to a regulation promulgated under section 9; or

21 (C) in a case in which there has been a viola22 tion of a term or condition of the permit, or of a

23 regulation promulgated under this Act or a provision

24 of this Act relating to that permit.
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1 (2) If the Director proposes a modification, suspen2 sion, or revocation of a permit under this subsection, the

3 permittee shall be afforded opportunity, after due notice,

4 for a hearing by the Director with respect to the proposed

5 modification, suspension, or revocation. If a hearing is re6 quested, the action proposed by the Director shall not take

7 effect before a decision is issued after the hearing, unless

8 the proposed action is taken by the Director to protect

9 the Antarctic environment, and its dependent and associ10 ated ecosystems, or to prevent the loss of human life.

11 (3) The Director shall publish notice of the modifica12 tion, suspension, or revocation of a permit in the Federal

13 Register within 10 days after the date of the Director’s

14 decision, including the reasons for the action.

15 (h) PERMIT FEES.—The Director shall establish and

16 charge fees for processing applications for permits under

17 this section. The amount of the fees shall be commensu18 rate with the administrative costs incurred by the Director

19 in processing the application, but shall not include the

20 costs to the Director of preparing an environmental im21 pact statement that is required under section 7.

22 (i) OTHER REGULATORY CONTROLS.—(1) The Ad23 ministrator of the Environmental Protection Agency has

24 overall responsibility for the implementation of the provi-
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1 sions of Annex III of the Protocol. In carrying out the

2 responsibility, the Administrator shall—

3 (A) prohibit incineration in Antarctica; and

4 (B) require that discharges into the sea in Ant5 arctica after January 1, 1995, shall meet secondary

6 treatment standards that are the same as those ap7 plicable to the navigable waters of the United States.

8 (2) The Federal Facilities Compliance Act of 1992

9 (Public Law 102–386; 106 Stat. 1505), including amend10 ments by that Act to other provisions of law, and the

11 Clean Air Act (42 U.S.C. 7401 et seq.) apply in Antarc12 tica. Nothing in the preceding sentence shall be construed

13 to affect the applicability of any other law in Antarctica.

14 SEC. 7. ENVIRONMENTAL ASSESSMENT OF ACTIVITIES

15 WITHIN ANTARCTICA.

16 (a) FEDERAL ACTIVITIES.—(1) The head of each

17 Federal agency which plans to conduct an activity in Ant18 arctica (including the conduct of scientific research and

19 the provision of logistical support to United States facili20 ties), or plans to take action on an application for a permit

21 to conduct such an activity, shall review the activity in

22 accordance with Annex I of the Protocol. The agency head

23 shall consult with the Director in conducting the review.

24 If the agency head determines that the proposed activity

25 will have less than a minor or transitory impact, and the
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1 Director does not disagree, the activity may proceed if the

2 agency monitors the activity to verify that less than a

3 minor or transitory impact results from the activity.

4 (2) If the agency head determines that the proposed

5 activity will have at least a minor or transitory impact,

6 the agency shall prepare an environmental assessment.

7 (3) If the agency head determines, through the prepa8 ration of an environmental assessment or otherwise, that

9 a proposed activity will have more than a minor or transi10 tory impact, the agency shall prepare an environmental

11 impact statement on the proposed activity.

12 (4) If the Secretary, the Director, or the Adminis13 trator of the Environmental Protection Agency disagrees

14 with an agency determination under this section that a

15 proposed activity will have a minor or transitory impact,

16 or less, the matter shall be referred to the President for

17 review and no decision shall be taken to proceed with or

18 permit the activity until the President takes action. On

19 the basis of the review, the President may require the

20 agency head to prepare an environmental assessment or

21 environmental impact statement on the proposed activity.

22 (b) TOURISM AND OTHER NONGOVERNMENTAL AC23 TIVITIES.—The Secretary, in consultation with the Direc24 tor, shall issue regulations establishing procedures for the

25 environmental assessment of tourism and other non-
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1 governmental activities conducted by any person within

2 Antarctica, consistent with the applicable law and the

3 Protocol.

4 (c) REVIEW.—No decision shall be taken to proceed

5 with or permit an activity for which an environmental im6 pact statement is prepared under this section until—

7 (1) the draft statement has been made publicly

8 available for at least 90 days and circulated by the

9 Secretary of State in accordance with Article 3 of

10 Annex I to the Protocol;

11 (2) there has been an opportunity for consider12 ation of the draft statement at a meeting of the Ant13 arctic Treaty Consultative Parties, except that no

14 decision to proceed with a proposed activity shall be

15 delayed through the operation of this paragraph for

16 more than 15 months from the circulation of the

17 draft statement;

18 (3) a final statement has been made publicly

19 available at least 60 days before the commencement

20 of the proposed activity; and

21 (4) monitoring procedures have been established

22 to assess and verify the impacts of the activity.

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

24 cases of extreme emergency relating to the prevention of
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1 the loss of human life or involving the safety of a ship

2 or aircraft.

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

4 (a) MONITORING.—The Director, in consultation

5 with the Secretary and the heads of other appropriate

6 Federal agencies, shall develop and implement a plan for

7 the monitoring of activities within Antarctica, including

8 the operation of United States facilities, scientific re9 search, and expeditions, that have more than a minor or

10 transitory impact.

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

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

13 and inspection and to interim arrangements pending the

14 establishment of such a system pursuant to Article 14 of

15 the Protocol.

16 (c) LAND-BASED CONTINGENCY PLANS.—The Direc17 tor, in consultation with the heads of appropriate Federal

18 agencies, shall develop requirements for contingency plans

19 for response to incidents caused by persons within Antarc20 tica with potential adverse effects as described in Article

21 15 of the Protocol.

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

23 (1) circulate to all parties to the Antarctic

24 Treaty, after notice and public comment, all inspec25 tion and compliance reports and all actions taken to
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1 ensure compliance with the Protocol, including no2 tice of activities undertaken in cases of emergency;

3 and

4 (2) bring promptly to the attention of other

5 parties to the Antarctic Treaty all known incidents

6 of noncompliance with the Protocol by the nationals

7 of those parties.

8 SEC. 9. REGULATIONS.

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

10 the Secretary of the department in which the Coast Guard

11 is operating, after consultation with appropriate officials,

12 shall promulgate such regulations as are appropriate to

13 implement this Act, taking into account the Antarctic

14 Treaty, any measures adopted thereunder, the Protocol,

15 and any awards issued thereunder by a competent

16 tribunal.

17 (b) SCHEDULE FOR REGULATIONS.—The regulations

18 required by this section shall be promulgated within two

19 years after the date of enactment of this Act.

20 SEC. 10. CIVIL PENALTIES.

21 (a) ASSESSMENT OF PENALTIES.—(1) Any person

22 who is found by the Director or the Secretary, after notice

23 and opportunity for a hearing in accordance with sub24 section (b), to have committed any act prohibited by sec25 tion 5 shall be liable to the United States for a civil pen-
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1 alty. The amount of the civil penalty shall not exceed

2 $25,000 for each violation. Each day of a continuing viola3 tion shall constitute a separate offense. The amount of any

4 civil penalty shall be assessed by the Director or the Sec5 retary by written notice. In determining the amount of the

6 penalty, the Director or the Secretary shall take into ac7 count the nature, circumstances, extent, and gravity of the

8 prohibited acts committed, and, with respect to the viola9 tor, the degree of culpability, any history of prior offenses,

10 ability to pay, and such other matters as justice may re11 quire, to the extent that the information is reasonably

12 available to the Director or the Secretary.

13 (2) The Director or the Secretary may compromise,

14 modify, or remit, with or without conditions, any civil pen15 alty which may be imposed under this section.

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

17 penalties under subsection (a) shall be conducted in ac18 cordance with section 554 of title 5, United States Code.

19 For the purposes of conducting any such hearing, the Di20 rector or the Secretary may issue subpoenas for the at21 tendance and testimony of witnesses and the production

22 of relevant papers, books, and documents, and may admin23 ister oaths. Witnesses summoned shall be paid the same

24 fees and mileage that are paid to witnesses in the courts

25 of the United States. In case of contempt or refusal to
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1 obey a subpoena served upon any person pursuant to this

2 subsection, the district court of the United States for any

3 district in which the person is found, resides, or transacts

4 business, upon application by the United States and after

5 notice to the person, shall have jurisdiction to issue an

6 order requiring the person to appear before the Director

7 or the Secretary and either give testimony or produce doc8 uments or both, and any failure to obey such order of the

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

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

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

12 obtain review thereof in the appropriate district court of

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

14 30 days after the date of the order and by simultaneously

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

16 Director or the Secretary, the Attorney General, and the

17 appropriate United States Attorney. The Director or the

18 Secretary shall promptly file in the court a certified copy

19 of the record upon which the violation was found or the

20 penalty imposed, as provided in section 2112 of title 28,

21 United States Code. The court shall set aside the findings

22 and order of the Director or the Secretary if the findings

23 and order are found to be unsupported by substantial evi24 dence, as provided in section 706(2)(E) of title 5, United

25 States Code.
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1 (d) RECOVERY OF CIVIL PENALTIES.—The Attorney

2 General may seek to recover in any appropriate district

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

4 under this section that has become a final and

5 unappealable order and has been referred to the Attorney

6 General by the Director or the Secretary, or (2) any final

7 judgment rendered under this section in favor of the

8 United States by an appropriate court. In such action, the

9 validity and appropriateness of the final order imposing

10 the civil penalty shall not be subject to review.

11 (e) PENALTIES UNDER OTHER LAWS.—The assess12 ment of a civil penalty under subsection (a) for any act

13 shall not be considered to preclude the assessment of a

14 civil penalty for the act under any other law.

15 (f) CONSULTATION.—The Director and the Secretary

16 shall consult on an ongoing basis to ensure that the func17 tions authorized under this section are carried out effec18 tively and fairly.

19 SEC. 11. CRIMINAL OFFENSES.

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

21 that person knowingly commits an act prohibited by

22 section 5.

23 (b) PUNISHMENT.—An offense under subsection (a)

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

25 or a fine under title 18, United States Code, or both.
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1 (c) OFFENSES UNDER OTHER LAWS.—A conviction

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

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

4 SEC. 12. ENFORCEMENT.

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

6 shall be enforced by the Director, the Secretary, and the

7 Secretary of the department in which the Coast Guard is

8 operating. The Director and the Secretaries may utilize

9 by agreement, on a reimbursable basis or otherwise, the

10 personnel, services, and facilities (including aircraft and

11 vessels) of any other department or agency of the United

12 States in the performance of such duties.

13 (b) POWERS OF AUTHORIZED OFFICERS AND EM14 PLOYEES.—An officer or employee of the United States

15 who is authorized, by the Director, the Secretary, the Sec16 retary of the department in which the Coast Guard is op17 erating, or the head of a department or agency of the

18 United States which has entered into an agreement with

19 the Director or either Secretary under subsection (a), to

20 enforce the provisions of this Act, a regulation promul21 gated under this Act, or a permit issued under this Act

22 may, in enforcing such provision—

23 (1) secure, execute, and serve an order, war24 rant, subpoena, or other process, which is issued
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1 under the authority of the United States or by a

2 court of competent jurisdiction;

3 (2) search without warrant a person, place, ve4 hicle, or aircraft subject to the jurisdiction of the

5 United States if there are reasonable grounds to be6 lieve that a person has committed an act prohibited

7 by section 5;

8 (3) with or without a warrant, board and

9 search or inspect a vessel of the United States or

10 vessel subject to the jurisdiction of the United

11 States—

12 (4) seize without warrant—

13 (A) an evidentiary item if there are reason14 able grounds to believe that a person has com15 mitted an act prohibited by section 5;

16 (B) any resource with respect to which

17 such an act is committed;

18 (C) a vessel of the United States (includ19 ing its gear, furniture, appurtenances, stores,

20 and cargo), a vessel subject to the jurisdiction

21 of the United States (including its gear, fur22 niture, appurtenances, stores, and cargo), a ve23 hicle, aircraft, or other means of transportation

24 that is subject to the jurisdiction of the United
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1 States, used in connection with such an act;

2 and

3 (D) a gun, trap, net, or equipment used in

4 connection with such an act;

5 (5) Offer and pay rewards for information

6 which may lead to the apprehension of persons vio7 lating such provisions;

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

9 from, a person an oath, affirmation, or affidavit,

10 concerning a matter which is related to the enforce11 ment of such provisions;

12 (7) in coordination with the Secretary of the

13 Treasury, detain for inspection and inspect a pack14 age, crate, or other container, including its contents

15 and all accompanying documents, upon importation

16 into or exportation from the United States;

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

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

19 such officer or employee has reasonable grounds to

20 believe that the person to be arrested is committing

21 such act in his or her presence or view or has com22 mitted such act;

23 (9) exercise enforcement powers conferred on

24 the officer or employee under a system of observa25 tion and inspection, or interim arrangements pend-
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1 ing the establishment of such a system, which the

2 President has agreed to on behalf of the United

3 States; and

4 (10) exercise any other authority which the offi5 cer or employee is permitted by law to exercise.

6 (c) SEIZURE.—A property or item seized pursuant to

7 subsection (b) shall be held by any officer or employee of

8 the United States who is authorized by the Director, the

9 Secretary, or the Secretary of the department in which

10 the Coast Guard is operating, pending the disposition of

11 civil or criminal proceedings concerning the violation relat12 ing to the property or item or the institution of an action

13 in rem for the forfeiture of such property or item. Such

14 authorized officer or employee may, upon the order of a

15 court of competent jurisdiction, either release the seized

16 property or item to the wild or destroy the property or

17 item if the cost of maintenance of the property or item

18 pending the disposition of the case is greater than the le19 gitimate market value of the property or item. The author20 ized officer or employee and all officers or employees act21 ing by or under his or her direction shall be indemnified

22 from any penalties or actions for damages for so releasing

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

24 the officer or employee are grossly negligent or constitute

25 willful misconduct. The authorized officer or employee
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1 may, in lieu of holding such property or item, permit the

2 owner or consignee thereof to post a bond or other satis3 factory surety.

4 (d) FORFEITURE.—(1) A vessel of the United States

5 (including its gear, furniture, appurtenances, stoves, and

6 cargo), or vessel, vehicle, or aircraft or other means of

7 transportation subject to the jurisdiction of the United

8 States, which is used in connection with an act prohibited

9 by section 5, and a gun, trap, net, and other equipment

10 used in connection with such act, shall be subject to for11 feiture to the United States.

12 (2) Upon the forfeiture to the United States of an

13 item described in paragraph (1), or upon the abandonment

14 or waiver of any claim to any such item, it shall be dis15 posed of by the Director, the Secretary, or the Secretary

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

17 as the case may be, in such a manner, consistent with

18 the purposes of this Act, as may be prescribed by

19 regulation.

20 (e) APPLICATION OF LAWS.—All provisions of law re21 lating to the seizure, forfeiture, and condemnation of prop22 erty (including vessels) for violation of the customs laws,

23 the disposition of the property or the proceeds from the

24 sale thereof, and the remission or mitigation of the forfeit25 ure, shall apply to the seizures and forfeitures incurred,
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1 or alleged to have been incurred, and the compromise of

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

3 provisions of law are applicable and not inconsistent with

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

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

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

7 by the Director, the Secretary, or the Secretary of the de8 partment in which the Coast Guard is operating, or by

9 such officers or employees of the United States as the Di10 rector, the Secretary, or the Secretary of the department

11 in which the Coast Guard is operating may designate.

12 (f) EMERGENCY POWERS.—Notwithstanding any

13 other provision of this Act, the Director, the Secretary,

14 or the Secretary of the department in which the Coast

15 Guard is operating, upon receipt of evidence that an activ16 ity by a person is presenting, or is threatening to present,

17 an imminent and substantial endangerment to the envi18 ronment of Antarctica or to the health and safety of per19 sons residing therein, may commence a civil action on be20 half of the United States in the appropriate district court

21 of the United States to immediately restrain that person

22 causing the activity to stop the activity or to take such

23 other action as may be necessary.

24 (g) INSPECTION FEES.—The Director, the Secretary,

25 and the Secretary of the department in which the Coast
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1 Guard is operating may charge reasonable fees for the ex2 penses of the United States incurred in carrying out in3 spections and in transferring, boarding, handling, or stor4 ing evidentiary items seized or forfeited under this Act.

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

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

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

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

9 Act, or the regulations promulgated under this Act is lia10 ble in rem for any civil penalty assessed under section 10

11 or any fine imposed under section 11, and may be pro12 ceeded against in any district court of the United States

13 having jurisdiction. The penalty or fine shall constitute a

14 lien on the vessel which may be recovered in an action

15 in rem in the district court of the United States having

16 jurisdiction.

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

18 of the United States shall have jurisdiction over any case

19 or controversy arising under the provisions of this Act or

20 of any regulation or permit issued under this Act.

21 SEC. 14. CITIZEN SUITS.

22 (a) AUTHORITY TO BRING CIVIL ACTIONS.—Except

23 as provided in subsections (c) and (d), any person may

24 commence a civil action on that person’s own behalf—
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1 (1) against any person (including the United

2 States and any other governmental instrumentality

3 or agency, to the extent permitted by the eleventh

4 amendment to the Constitution) who is alleged to

5 have committed an act prohibited under section 5 of

6 this Act, section 306 of the Antarctic Marine Living

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

8 2435), or section 4 of the Antarctic Protection Act

9 of 1990 (16 U.S.C. 2463); or

10 (2) against the Director, the Secretary, or any

11 other head of a Federal agency where there is al12 leged a failure of the Director, the Secretary, or

13 such other agency head to perform any act or duty

14 under this Act, the Antarctic Marine Living Re15 sources Convention Act of 1984, or the Antarctic

16 Protection Act of 1990, which is not discretionary

17 with the Director, the Secretary, or such other agen18 cy head.

19 (b) RELIEF.—The appropriate district court of the

20 United States shall have jurisdiction in actions brought

21 under subsection (a)(1) to enforce the prohibition con22 cerned, to order such action as may be necessary to correct

23 the violation, and to impose any civil penalty provided for

24 the violation. The appropriate district court shall have ju25 risdiction in actions brought under subsection (a)(2) to
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1 order the Director, the Secretary, or the affected other

2 agency head to perform the act or duty concerned.

3 (c) RULES APPLICABLE TO SUBSECTION (a)(1) AC4 TIONS.—(1) No action may be commenced under sub5 section (a)(1) before 60 days after the plaintiff has given

6 notice of the alleged violation to each of the following:

7 (A) The Director and the Secretary.

8 (B) Any alleged violator of the prohibition.

9 Notice under this paragraph shall be given in such manner

10 as the Director shall prescribe by regulation.

11 (2) No action may be commenced under subsection

12 (a)(1) if the Director or Secretary has commenced and

13 is diligently pursuing an action under this Act, the Ant14 arctic Marine Living Resources Convention Act of 1984,

15 or the Antarctic Protection Act of 1990, to require compli16 ance with the prohibition concerned.

17 (d) RULES APPLICABLE TO SUBSECTION (a)(2) AC18 TIONS.—No action may be commenced under subsection

19 (a)(2) before the 60th day following the date on which

20 the plaintiff gives notice to the Director, the Secretary,

21 or the affected other agency head that the plaintiff will

22 commence such action.

23 (e) COSTS.—The court, in issuing any final order in

24 any action commenced pursuant to this section, may

25 award costs of litigation (including reasonable attorney
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1 and expert witness fees) to the prevailing or the substan2 tially prevailing party whenever the court determines such

3 an award is appropriate. The court may, if a temporary

4 restraining order or preliminary injunction is sought, re5 quire the filing of a bond or equivalent security in accord6 ance with the Federal Rules of Civil Procedure.

7 (f) INTERVENTION.—In any action under this sec8 tion, the United States if not a party may intervene as

9 a matter of right.

10 (g) OTHER RIGHTS.—This section does not restrict

11 any right that any person may have under any statute or

12 common law to seek enforcement of any standard or limi13 tation or to seek any other relief.

14 SEC. 15. AMENDMENTS TO ANTARCTIC MARINE LIVING RE15 SOURCES CONVENTION ACT OF 1984.

16 (a) FINDINGS.—Section 302 of the Antarctic Marine

17 Living Resources Convention Act of 1984 (16 U.S.C.

18 2431) is amended by striking ‘‘and’’ at the end of para19 graph (5), by redesignating paragraph (6) as paragraph

20 (7), and by inserting immediately after paragraph (5) the

21 following new paragraph:

22 ‘‘(6) safeguards provided in the Protocol con23 cerning the taking of or harmful interference with

24 marine living resources provide important supple25 mentary protection; and’’.
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1 (b) DEFINITIONS.—(1) Section 303(2) of the Ant2 arctic Marine Living Resources Convention Act of 1984

3 (16 U.S.C. 2432(2)) is amended—

4 (A) by inserting ‘‘invertebrates, and plants,’’

5 immediately before ‘‘found south’’; and

6 (B) by inserting ‘‘, other than nonindigenous

7 animals and plants introduced from north of the

8 Convergence’’ immediately before the period at the

9 end.

10 (2) Section 303(5)(A) of the Antarctic Marine Living

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

12 2432(5)(A)) is amended by inserting ‘‘, including any tak13 ing or harmful interference prohibited under Article 3 of

14 Annex II to the Protocol’’ immediately before the semi15 colon.

16 (3) Section 303 of the Antarctic Marine Living Re17 sources Convention Act of 1984 (16 U.S.C. 2432) is

18 amended—

19 (A) by redesignating paragraphs (9) through

20 (11) as paragraphs (10) through (12), respectively;

21 and

22 (B) by inserting immediately after paragraph

23 (8) the following new paragraph:

24 ‘‘(9) PROTOCOL.—The term ‘Protocol’ means

25 the Protocol on Environmental Protection to the
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1 Antarctic Treaty, done at Madrid on October 4,

2 1991, and all annexes thereto.’’.

3 (c) UNLAWFUL ACTIVITIES.—(1) Section 306(1) of

4 the Antarctic Marine Living Resources Convention Act of

5 1984 (16 U.S.C. 2435(1)) is amended by inserting ‘‘or

6 the Protocol,’’ immediately after ‘‘violation of the provi7 sions of the Convention’’.

8 (2) Section 306 of the Antarctic Marine Living Re9 sources Convention Act of 1984 (16 U.S.C. 2435) is

10 amended by redesignating paragraphs (4) through (7) as

11 paragraphs (5) through (8), respectively, and inserting im12 mediately after paragraph (3) the following new para13 graph:

14 ‘‘(4) to introduce a dog into the area south of

15 60 degrees south latitude or, unless authorized by a

16 permit issued under section 6 of the Antarctic Sci17 entific Research, Tourism, and Marine Resources

18 Act of 1993, to introduce any other nonindigenous

19 animal or plant into such area;’’.

20 (d) CONFORMING AMENDMENTS.—(1) Section

21 309(a) of the Antarctic Marine Living Resources Conven22 tion Act of 1984 (16 U.S.C. 2438(a)) is amended by strik23 ing ‘‘(4), (5), (6), or (7)’’ and inserting in lieu thereof

24 ‘‘(5), (6), (7), or (8)’’.
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1 (2) Section 310(b)(8) of the Antarctic Marine Living

2 Resources Convention Act of 1984 (16 U.S.C. 2439(b)(8))

3 is amended by striking ‘‘(4), (5), (6), or (7)’’ and inserting

4 in lieu thereof ‘‘(5), (6), (7), or (8)’’.

5 SEC. 16. AMENDMENTS TO THE ACT TO PREVENT POLLU6 TION FROM SHIPS.

7 (a) DEFINITIONS.—Section 2(a) of the Act to Pre8 vent Pollution from Ships (33 U.S.C. 1901(a)) is amend9 ed—

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

11 end;

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

13 inserting in lieu thereof a semicolon; and

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

15 paragraphs:

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

17 degrees south latitude, including all ice shelves; and

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

19 on Environmental Protection to the Antarctic Trea20 ty, done at Madrid on October 4, 1991, and all

21 annexes thereto.’’.

22 (b) APPLICATION OF ANNEX IV.—Section 2 of the

23 Act to Prevent Pollution from Ships (33 U.S.C. 1901) is

24 amended by adding at the end the following new sub25 section:
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1 ‘‘(c) The requirements of Annex IV to the Antarctic

2 protocol shall apply in Antarctica—

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

4 and

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

6 States has jurisdiction, including all ships engaged

7 in or supporting United States Antarctic oper8 ations.’’

9 (c) SHIPS COVERED BY THE ACT.—Section 3 of the

10 Act to Prevent Pollution from Ships (33 U.S.C. 1902) is

11 amended—

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

13 semicolon at the end of paragraph (3), by striking

14 the period at the end of paragraph (4) and inserting

15 in lieu thereof ‘‘; and’’, and by adding at the end the

16 following new paragraph:

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

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

19 to all other ships over which the United States has

20 jurisdiction, including all ships engaged in or sup21 porting United States Antarctic operations.’’; and

22 (2) in subsection (b)(2)—

23 (A) in subparagraph (A) by striking ‘‘sub24 paragraph (B)’’ and inserting in lieu thereof

25 ‘‘subparagraph (C)’’;
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1 (B) by redesignating subparagraph (B) as

2 subparagraph (C); and

3 (C) by inserting immediately after sub4 paragraph (A) the following new subparagraph:

5 ‘‘(B) Notwithstanding any provision of the Antarctic

6 Protocol and subject to subparagraph (C), the require7 ments of Annex IV to that Protocol shall apply to a ship

8 referred to in paragraph (1)(A) operating in Antarctica.’’.

9 (d) ADMINISTRATION.—Section 4(a) of the Act to

10 Prevent Pollution from Ships (33 U.S.C. 1903(a)) is

11 amended in the first sentence by inserting ‘‘, Annex IV

12 to the Antarctic Protocol,’’ immediately after ‘‘MARPOL

13 Protocol’’.

14 (e) REGULATIONS.—Section 4 of the Act to Prevent

15 Pollution from Ships (33 U.S.C. 1903) is amended—

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

17 IV to the Antarctic Protocol,’’ immediately after

18 ‘‘MARPOL Protocol’’; and

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

20 following new paragraph:

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

22 after the effective date of the Antarctic Scientific Re23 search, Tourism, and Marine Resources Act of 1993, regu24 lations to implement Annex IV to the Antarctic Protocol,

25 regulations to ensure that all ships described in section
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1 3(a)(1) and all other ships over which the United States

2 has jurisdiction have contingency plans for marine pollu3 tion incidents in Antarctica.’’.

4 (f) SHIPBOARD RETENTION OF WASTES.—Section 6

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

6 1905) is amended by adding at the end the following new

7 subsection:

8 ‘‘(g) The Secretary shall ensure that all ships de9 scribed in section 3(a)(1) and all other ships over which

10 the United States has jurisdiction, before entering Antarc11 tica—

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

13 Annex IV to the Antarctic Protocol to retain on

14 board, all oil, noxious liquid substances, and gar15 bage; and

16 ‘‘(2) have concluded arrangements to discharge

17 oil, noxious liquid substances, and garbage at recep18 tion facilities outside of Antarctica.’’.

19 (g) VIOLATIONS AND ENFORCEMENT.—Section 8 of

20 the Act to Prevent Pollution from Ships (33 U.S.C. 1907)

21 is amended—

22 (1) in subsection (a)—

23 (A) in the first sentence by inserting

24 ‘‘Annex IV to the Antarctic Protocol,’’ imme25 diately after ‘‘MARPOL Protocol,’’; and
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1 (B) by inserting immediately after the sec2 ond sentence the following: ‘‘The Secretary

3 shall cooperate with other parties to the Ant4 arctic Protocol in the detection of violations of

5 Annex IV to that Protocol and in the enforce6 ment of Annex IV.’’;

7 (2) in subsection (b)—

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

9 Annex IV to the Antarctic Protocol as applica10 ble,’’ immediately after ‘‘MARPOL Protocol’’;

11 and

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

13 a party to the Antarctic Protocol’’ immediately

14 after ‘‘MARPOL Protocol’’; and

15 (3) in subsection (e)—

16 (A) in paragraph (2) by inserting ‘‘, of

17 Annex IV to the Antarctic Protocol,’’ imme18 diately after ‘‘MARPOL Protocol’’;

19 (B) by redesignating paragraph (2) as

20 paragraph (3); and

21 (C) by inserting immediately after para22 graph (1) the following:

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

24 described in section 3(a)(1) or any other ship over which

25 the United States has jurisdiction, to verify whether that
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1 ship has discharged oil, a noxious liquid substance, gar2 bage, or sewage in violation of Annex IV to the Antarctic

3 Protocol or in violation of any provision of this Act that

4 implements that Protocol.’’.

5 (h) PENALTIES.—Section 9 of the Act to Prevent

6 Pollution from Ships (33 U.S.C. 1908) is amended—

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

8 the Antarctic Protocol,’’ immediately after

9 ‘‘MARPOL Protocol,’’;

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

11 the Antarctic Protocol,’’ immediately after

12 ‘‘MARPOL Protocol,’’ any place it appears;

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

14 the Antarctic Protocol,’’ immediately after

15 ‘‘MARPOL Protocol,’’;

16 (4) in subsection (e) by inserting ‘‘, Annex IV

17 to the Antarctic Protocol,’’ immediately after

18 ‘‘MARPOL Protocol’’; and

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

20 Antarctic Protocol’’ immediately after ‘‘MARPOL

21 Protocol’’ each place it appears.

22 SEC. 17. AMENDMENT TO ANTARCTIC PROTECTION ACT OF

23 1990.

24 Section 4 of the Antarctic Protection Act of 1990 (16

25 U.S.C. 2463) is amended by striking ‘‘Pending’’ and all
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1 that follows through ‘‘activities, it’’ and inserting in lieu

2 thereof ‘‘It’’.

3 SEC. 18. RELATION TO EXISTING TREATIES, STATUTES,

4 REGULATIONS, AND PERMITS.

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

6 (b), nothing in this Act shall be construed as contravening

7 or superseding—

8 (1) any international treaty, convention, or

9 agreement, if such treaty, convention, or agreement

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

11 date of enactment of this Act; or

12 (2) any statute which implements any such

13 treaty, convention, or agreement.

14 (b) REPEAL.—The Antarctic Conservation Act of

15 1978 (16 U.S.C. 2401 et seq.) is repealed.

16 (c) SAVINGS PROVISIONS.—(1) Nothing in this Act

17 shall affect the authority of the Director—

18 (A) to support basic research investigations of

19 the Antarctic environment to understand globally

20 important processes; and

21 (B) to operate, in accordance with this Act,

22 United States facilities, bases, and stations in Ant23 arctica.

24 (2) All regulations issued under the Antarctic Con25 servation Act of 1978 (16 U.S.C. 2401 et seq.) shall re-
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1 main in effect until superseded by regulations promul2 gated under section 9 of this Act, or by revised regulations

3 promulgated under the Act to Prevent Pollution from

4 Ships, as amended by section 16 of this Act; except that

5 if the regulations issued under the Antarctic Conservation

6 Act of 1978 are inconsistent with the Protocol or have

7 been superseded by the provisions of this Act, the Protocol

8 and this Act shall control.

9 (3) All permits issued under the Antarctic Conserva10 tion Act of 1978 (16 U.S.C. 2401 et seq.) shall remain

11 in effect until they expire in accordance with the terms

12 of those permits.

13 SEC. 19. REPORT TO CONGRESS.

14 Not later than 2 years after the date of enactment

15 of this Act, the Director shall submit to the Committee

16 on Commerce, Science, and Transportation of the Senate

17 and the Committee on Merchant Marine and Fisheries of

18 the House of Representatives a report on the implementa19 tion of the Protocol and this Act.

20 SECTION 1. SHORT TITLE.

21 This Act may be cited as the ‘‘Antarctic Scientific

22 Research, Tourism, and Marine Resources Act of 1993’’.

23 SEC. 2. FINDINGS; PURPOSE.

24 The Congress finds the following:
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1 (1) For well over a quarter of a century, sci2 entific investigation has been the main activity of the

3 Federal Government and United States nationals in

4 Antarctica.

5 (2) More recently Antarctica has become of in6 creasing interest to American tourists.

7 (3) As the lead civilian agency in Antarctica, the

8 National Science Foundation has long had the re9 sponsibility of ensuring that United States scientific

10 expeditions and tourism, and their supporting logis11 tics operations, are conducted with an eye to preserv12 ing the special values of the Antarctic region.

13 (4) The National Science Foundation, in close

14 cooperation with other scientific agencies, has granted

15 many scientific and other permits under the Ant16 arctic Conservation Act of 1978, which implemented

17 the Agreed Measures for the Conservation of Antarctic

18 Fauna and Flora adopted under the auspices of the

19 Antarctic Treaty.

20 (5) The Antarctic Marine Living Resources Con21 vention Act of 1984 and the Antarctic Protection Act

22 of 1990 have reinforced this stewardship objective by

23 assigning the Under Secretary of Commerce for

24 Oceans and Atmosphere the duty to conserve the liv-
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1 ing and nonliving marine resources of the Antarctic

2 region.

3 (6) The recently concluded Protocol on Environ4 mental Protection to the Antarctic Treaty, which sup5 plants the Agreed Measures on Fauna and Flora, is

6 the latest step in safeguarding Antarctica as a natu7 ral reserve for science.

8 (7) The Protocol establishes international mecha9 nisms and creates legal obligations necessary for the

10 maintenance of Antarctica as a natural reserve, de11 voted to peace and science. In addition, the Protocol

12 serves important United States environmental and re13 source management interests, while at the same time

14 preserving the freedom of scientific investigation in

15 Antarctica.

16 (8) Effective implementation of the Protocol for

17 the United States will be best and most efficiently ac18 complished by keeping the National Science Founda19 tion in its lead agency role in managing scientific ac20 tivities in Antarctica, with the close cooperation of

21 other agencies with regulatory and enforcement roles

22 relating to tourism, marine resource use, waste dis23 posal, and other Antarctic activities.
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1 (b) PURPOSE.—The purpose of this Act is to provide

2 legislative authority to implement the Protocol with respect

3 to the United States.

4 SEC. 3. DEFINITIONS.

5 For purposes of this Act:

6 (1) The term ‘‘Administrator’’ means the Admin7 istrator of the Environmental Protection Agency or

8 an officer or employee thereof designated by the Ad9 ministrator.

10 (2) The term ‘‘Antarctica’’ means the area south

11 of 60 degrees south latitude, except that with respect

12 to Antarctic mineral resource activity, the term

13 means the area south of the Antarctic Convergence as

14 defined in section 303(1) of the Antarctic Marine Liv15 ing Resources Convention Act of 1984 (16 U.S.C.

16 2432(1)).

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

18 (A) means any nonliving natural

19 nonrenewable resource (or part or product there20 of) found in or recovered from Antarctica;

21 (B) includes fossil fuels and minerals,

22 whether metallic or nonmetallic; and

23 (C) does not include ice, water, snow, or

24 any mineral resource removed before the date of

25 enactment of this Act.
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1 (4) The term ‘‘Antarctic mineral resource activ2 ity’’ means collecting, removing or transporting, or

3 prospecting for, or exploration or development of, an

4 Antarctic mineral resource, except that the term does

5 not include those activities that are undertaken in the

6 course of and that are directly related to—

7 (A) scientific research;

8 (B) construction, operation, and mainte9 nance of research stations, field camps, or other

10 such facilities; or

11 (C) providing, with the advance written

12 consent of the recipient institution, an Antarctic

13 mineral resource specimen to a museum or other

14 institution with a similar public function.

15 (5) The term ‘‘Antarctic specially protected

16 area’’ means an area identified as such under section

17 7.

18 (6) The term ‘‘Committee for Environmental

19 Protection’’ means the Committee for Environmental

20 Protection established under Article 11 of the Proto21 col.

22 (7) The term ‘‘development’’—

23 (A) means any activity (including logistic

24 support) which takes place following exploration,
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1 the purpose of which is the exploitation of spe2 cific Antarctic mineral resource deposits; and

3 (B) includes processing, storage, and trans4 port activities.

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

6 the National Science Foundation or an officer or em7 ployee thereof designated by the Director.

8 (9) The term ‘‘exploration’’—

9 (A) means any activity (including logistic

10 support) the purpose of which is the identifica11 tion or evaluation of specific Antarctic mineral

12 resource deposits for possible development; and

13 (B) includes exploratory drilling, dredging,

14 and other surface or subsurface excavations un15 dertaken to determine the nature and size of

16 mineral resource deposits and the feasibility of

17 their development.

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

19 (A) flying or landing helicopters or other

20 aircraft in a manner that disturbs concentra21 tions of birds or seals;

22 (B) using vehicles or vessels, including

23 hovercraft and small boats, in a manner that

24 disturbs concentrations of birds or seals;
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1 (C) using explosives or firearms in a man2 ner that disturbs concentrations of birds or seals;

3 (D) willfully disturbing breeding or molting

4 birds or concentrations of birds or seals by per5 sons on foot;

6 (E) significantly damaging concentrations

7 of native terrestrial plants by landing aircraft,

8 driving vehicles, walking on them, or by other

9 means; and

10 (F) any activity that results in significant

11 adverse modification of the habitat of any species

12 or population of native mammal, native bird,

13 native plant, or native invertebrate.

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

15 means any site or monument identified as a historic

16 site or monument by the Director under section 7.

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

18 Antarctic environment or on dependent or associated

19 ecosystems.

20 (13) The term ‘‘implementing agency’’ means the

21 Director, the Secretary, the Administrator, the Sec22 retary of the department in which the Coast Guard

23 is operating, or the Secretary of State, as regulatory

24 responsibilities are vested under this Act.
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1 (14) The term ‘‘import’’ means to land on, bring

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

3 into, or introduce into, any place subject to the juris4 diction of the United States, including the 12-mile

5 territorial sea of the United States, whether or not

6 such act constitutes an importation within the mean7 ing of the customs laws of the United States.

8 (15) The term ‘‘native bird’’ means any member,

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

10 species of the class Aves which is indigenous to Ant11 arctica or occurs there seasonally through natural mi12 grations, designated by the Director as a native spe13 cies under section 7, and includes any part of such

14 member.

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

16 terrestrial or freshwater invertebrate, at any stage of

17 its life cycle, which is indigenous to Antarctica, des18 ignated by the Director as such under section 7, and

19 includes any part of such invertebrate.

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

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

22 of the class Mammalia, which is indigenous to Ant23 arctica or occurs there seasonally through natural mi24 grations, designated by the Director as a native spe-
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1 cies under section 7, and includes any part of such

2 member.

3 (18) The term ‘‘native plant’’ means any terres4 trial or freshwater vegetation, including bryophytes,

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

6 (including seeds and other propagules), which is in7 digenous to Antarctica, designated as such by the Di8 rector under section 7, and includes any part of such

9 vegetation.

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

11 species of animal or plant which is not indigenous to

12 Antarctica.

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

14 partnership, corporation, trust, association, or other

15 entity subject to the jurisdiction of the United States

16 and any department, agency, or other instrumentality

17 of the Federal Government or of any State or local

18 government, and any officer, employee, or agent of

19 any such instrumentality.

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

21 substance which is designated as such under section

22 7.

23 (22) The term ‘‘prohibited waste’’ means any

24 substance which is designated as such under section

25 7.
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1 (23) The term ‘‘prospecting’’ means any activity

2 (including logistic support), the purpose of which is

3 the identification of Antarctic mineral resource poten4 tial for possible exploration and development.

5 (24) The term ‘‘Protocol’’ means the Protocol on

6 Environmental Protection to the Antarctic Treaty,

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

8 thereto, and includes any future amendments thereto

9 which have entered into force.

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

11 of Commerce, or an officer or employee thereof des12 ignated by the Secretary.

13 (26) The term ‘‘specially protected species’’

14 means any native species designated as a specially

15 protected species by the Director under section 7.

16 (27) The term ‘‘take’’ or ‘‘taking’’ means to kill,

17 injure, capture, handle, or molest, a native mammal

18 or bird, or to remove or damage such quantities of

19 native plants that their local distribution or abun20 dance would be significantly affected.

21 (28) The terms ‘‘Treaty’’ and ‘‘Antarctic Treaty’’

22 mean the Antarctic Treaty signed in Washington,

23 D.C., on December 1, 1959.

24 (29) The term ‘‘United States’’ means the several

25 States of the Union, the District of Columbia, the
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1 Commonwealth of Puerto Rico, American Samoa, the

2 Virgin Islands, Guam, the Commonwealth of the

3 Northern Mariana Islands, any other commonwealth,

4 territory, or possession of the United States, and the

5 Trust Territory of the Pacific Islands.

6 (30) The term ‘‘vessel subject to the jurisdiction

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

8 United States’’ and any ‘‘vessel subject to the jurisdic9 tion of the United States’’ as those terms are defined

10 in section 303 of the Antarctic Marine Living Re11 sources Convention Act of 1984 (16 U.S.C. 2432).

12 SEC. 4. NATIONAL PRINCIPLES FOR UNITED STATES AC13 TIVITIES.

14 All activities undertaken with respect to Antarctica by

15 any agency, officer, or employee of the United States or by

16 any other person subject to the jurisdiction of the United

17 States shall be consistent with the following principles:

18 (1) The protection of the Antarctic environment

19 and dependent and associated ecosystems and the in20 trinsic value of Antarctica, including its wilderness

21 and aesthetic values and its value as an area for the

22 conduct of scientific research, in particular research

23 essential to understanding the global environment,

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

2 area.

3 (2) Activities in Antarctica shall be planned and

4 conducted so as to limit adverse impacts on the Ant5 arctic environment and dependent and associated

6 ecosystems and avoid—

7 (A) adverse effects on climate or weather

8 patterns;

9 (B) significant adverse effects on air or

10 water quality;

11 (C) significant changes in the atmospheric,

12 terrestrial (including aquatic), glacial, or ma13 rine environments;

14 (D) detrimental changes in the distribution,

15 abundance, or productivity of species or popu16 lations of species of fauna and flora;

17 (E) further jeopardy to endangered or

18 threatened species or populations of such species;

19 or

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

21 areas of biological, scientific, historic, aesthetic,

22 or wilderness significance.

23 (3) Activities in Antarctica shall be planned and

24 conducted on the basis of information sufficient to

25 allow prior assessments of, and informed judgments
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1 about, their possible impacts on the Antarctic envi2 ronment and dependent and associated ecosystems

3 and on the value of Antarctica for the conduct of sci4 entific research, taking full account of—

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

6 area, duration, and intensity;

7 (B) the cumulative impacts of the activity,

8 both by itself and in combination with other ac9 tivities in the Antarctic Treaty area;

10 (C) whether the activity will detrimentally

11 affect any other activity in the Antarctic Treaty

12 area;

13 (D) whether technology and procedures are

14 available to provide for environmentally safe op15 erations;

16 (E) whether there exists the capacity to

17 monitor key environmental parameters and eco18 system components so as to identify and provide

19 early warning of any adverse effects of the activ20 ity and to provide for such modification of oper21 ating procedures as may be necessary in light of

22 the results of monitoring or increased knowledge

23 of the Antarctic environment and dependent and

24 associated ecosystems; and
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1 (F) whether there exists the capacity to re2 spond promptly and effectively to accidents, par3 ticularly those with potential environmental ef4 fects.

5 (4) Regular and effective monitoring shall take

6 place to allow assessment of the impacts of ongoing

7 activities, including the verification of predicted im8 pacts.

9 (5) Regular and effective monitoring shall take

10 place to facilitate early detection of the possible un11 foreseen effects of activities carried out both within

12 and outside the Antarctic Treaty area on the Ant13 arctic environment and dependent and associated

14 ecosystems.

15 (6) Activities in Antarctica shall be planned and

16 conducted so as to accord priority to scientific re17 search and to preserve the value of Antarctica as an

18 area for the conduct of such research, including re19 search essential to understanding the global environ20 ment.

21 (7) Activities in Antarctica subject to United

22 States jurisdiction shall take place in a manner con23 sistent with the Protocol, and shall be modified, sus24 pended, or cancelled if they result in or threaten to

25 result in impact upon the Antarctic environment or
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1 dependent or associated ecosystems inconsistent with

2 the Protocol.

3 SEC. 5. PROHIBITED ACTS.

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

5 (1) to engage in, provide assistance (including

6 logistic support) to, or knowingly finance any Ant7 arctic mineral resource activity;

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

9 sell, purchase, import, export, or have custody, con10 trol, or possession of any Antarctic mineral resource

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

12 care should have known, was recovered or otherwise

13 possessed as a result of Antarctic mineral resource ac14 tivity, without regard to the citizenship of the entity

15 that engaged in, or the vessel used in engaging in, the

16 Antarctic mineral resource activity;

17 (3) to introduce any prohibited product onto

18 land or ice shelves or into water in Antarctica;

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

20 areas or into fresh water systems in Antarctica;

21 (5) to dispose of any prohibited waste in Antarc22 tica;

23 (6) to engage in open burning of waste in Ant24 arctica after March 1, 1994;

25 (7) to dispose of waste by landfill in Antarctica;
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1 (8) to transport passengers to, from, or within

2 Antarctica by any vessel not required to comply with

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

4 1901 et seq.), unless the person has an agreement with

5 the vessel owner or operator under which the owner

6 or operator is required to comply with Annex IV to

7 the Protocol;

8 (9) who organizes, sponsors, operates, or pro9 motes a nongovernmental expedition to Antarctica,

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

11 to notify all members of the expedition of the environ12 mental protection obligations of this Act, and of ac13 tions which members must take, or not take, in order

14 to comply with those obligations;

15 (10) to damage, remove, or destroy a historic site

16 or monument;

17 (11) to refuse permission to any authorized offi18 cer or employee of the United States to board a vessel,

19 vehicle, or aircraft of the United States, or subject to

20 the jurisdiction of the United States, for the purpose

21 of conducting any search or inspection in connection

22 with the enforcement of this Act or any regulation

23 promulgated or permit issued under this Act;

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

25 intimidate, or interfere with any authorized officer or
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1 employee of the United States in the conduct of any

2 search or inspection described in paragraph (11);

3 (13) to resist a lawful arrest or detention for any

4 act prohibited by this section;

5 (14) to interfere with, delay, or prevent, by any

6 means, the apprehension, arrest, or detention of an7 other person, knowing that such other person has com8 mitted any act prohibited by this section;

9 (15) to violate any regulation promulgated

10 under this Act, or any term or condition of any per11 mit issued to that person under this Act; or

12 (16) to attempt to commit or cause to be commit13 ted any act prohibited by this section.

14 (b) ACTS THAT ARE PROHIBITED UNLESS AUTHOR15 IZED BY PERMIT.—It is unlawful for any person, unless

16 authorized by a permit issued under this Act—

17 (1) to dispose of any waste in Antarctica (except

18 as otherwise authorized under the Act to Prevent Pol19 lution from Ships (33 U.S.C. 1901 et seq.)), includ20 ing—

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

22 the sea in Antarctica; and

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

24 shelves in Antarctica, or on board vessels at

25 points of embarkation or debarkation, other than
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1 through the use at remote field sites of inciner2 ator toilets for human waste;

3 (2) to introduce into Antarctica any member of

4 a non-native species;

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

6 Antarctic specially protected area;

7 (4) to engage in any taking or harmful inter8 ference in Antarctica; or

9 (5) to receive, acquire, transport, offer for sale,

10 sell, purchase, import, export, or have custody, con11 trol, or possession of, any native bird, native mam12 mal, or native plant which the person knows, or in

13 the exercise of due care should have known, was taken

14 in violation of this Act.

15 (c) EXCEPTION FOR EMERGENCIES.—No act described

16 in subsection (a)(4), (a)(5), (a)(6), (a)(8), (a)(10), (a)(15),

17 or (a)(16) or subsection (b) shall be unlawful if the person

18 committing the act reasonably believed that he or she did

19 so under emergency circumstances involving the safety of

20 human life or of ships, aircraft, or equipment or facilities

21 of high value, or the protection of the environment.

22 SEC. 6. PERMITS.

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

24 with this section, issue a permit which authorizes the con25 duct within Antarctica of an act described in section 5(b).
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1 (b) APPLICATIONS FOR PERMITS.—(1) Applications

2 for permits under this section shall be made in such manner

3 and form, and shall contain such information, as the Direc4 tor shall by regulation prescribe, and shall be signed by the

5 persons responsible for the activities undertaken under the

6 permit.

7 (2) The Director shall publish notice in the Federal

8 Register of each application which is made for a permit

9 under this section. The notice shall invite the submission

10 by interested parties, within 30 days (or such other reason11 able period greater than 30 days as the Director may deter12 mine) after the publication of the notice, of written data,

13 comments, or views with respect to the application. Such

14 application, and any data, comments, or views received,

15 shall be made available to the public.

16 (c) COOPERATION WITH OTHER AGENCIES ON CER17 TAIN PERMITS.—(1)(A) If the Director receives an applica18 tion for a permit under this section requesting authority

19 to undertake any action with respect to—

20 (i) any native mammal which is a marine mam21 mal within the meaning of section 3(5) of the Marine

22 Mammal Protection Act of 1972 (16 U.S.C. 1362(5));

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

24 plant, or native invertebrate which is an endangered
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1 species or threatened species under the Endangered

2 Species Act of 1973 (16 U.S.C. 1531 et seq.); or

3 (iii) any native bird which is protected under

4 the Migratory Bird Treaty Act (16 U.S.C. 703 et

5 seq.);

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

7 Secretary or to the Secretary of the Interior, as appropriate

8 (hereafter in this subsection referred to as the ‘‘appropriate

9 Secretary’’).

10 (B) After receiving a copy of any application from the

11 Director under subparagraph (A), the appropriate Sec12 retary shall promptly determine, and notify the Director,

13 whether or not any action proposed in the application also

14 requires a permit or other authorization under any law ad15 ministered by the appropriate Secretary.

16 (C) If the appropriate Secretary notifies the Director

17 that any action proposed in the application requires a per18 mit or other authorization under any law administered by

19 the appropriate Secretary, the Director may not issue a

20 permit under this section with respect to such action unless

21 such other required permit or authorization is issued by the

22 appropriate Secretary and a copy thereof is submitted to

23 the Director. The issuance of any permit or other authoriza24 tion by the appropriate Secretary for the carrying out of

25 any action with respect to any native mammal, native bird,
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1 native invertebrate, or native plant shall not be deemed to

2 entitle the applicant concerned to the issuance by the Direc3 tor of a permit under this section.

4 (2)(A) If the Director prepares or receives an applica5 tion for a permit under this section requesting authority

6 to undertake an action described in section 5(b)(1), the Di7 rector shall submit a copy of the application to the Admin8 istrator, and the Director and Administrator shall prompt9 ly consult on the application.

10 (B) The Director shall not issue, or deny the issuance

11 of, a permit under this section with respect to an action

12 described in section 5(b)(1) before receiving the concurrence

13 of the Administrator.

14 (C) The Administrator shall inform the Director of

15 such concurrence or denial thereof within 60 days (unless

16 the Administrator and Director agree otherwise) after re17 ceiving a copy of the application under subparagraph (A).

18 (3)(A) If the Director receives an application for a per19 mit under this section requesting authority to undertake an

20 action described in section 5(b)(4) in connection with un21 avoidable consequences of the construction or operation of

22 scientific support facilities, the Director shall submit a copy

23 of the application to the Secretary, and the Director and

24 the Secretary shall promptly consult on the application.
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1 (B) The Director shall not issue, or deny the issuance

2 of, a permit under this section with respect to such an ac3 tion without the written concurrence of the Secretary. In

4 making the decision, the Secretary shall take into consider5 ation the national need for the action and whether there

6 is no practicable alternative that will have a less adverse

7 impact on the environment. The Secretary shall inform the

8 Director of such concurrence or denial thereof within 60

9 days (unless the Secretary and Director agree otherwise)

10 after receiving a copy of the application under subpara11 graph (A).

12 (4) The Director shall provide the Secretary with a

13 copy of any permit application received for an activity

14 which may be subject to regulations promulgated under sec15 tion 8(b). The Director shall not issue such a permit with16 out the concurrence of the Secretary that the applicable re17 quirements of such regulations have been met. The Secretary

18 shall provide the Director with written notice as to whether

19 such requirements have been met within 60 days after re20 ceiving a copy of the application.

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

22 after receiving any application for a permit under this sec23 tion, or, in the case of any application to which subsection

24 (c) applies, as soon as practicable after the applicable re25 quirements of such subsection are complied with, the Direc-
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1 tor shall issue, or deny the issuance of, the permit. Within

2 10 days after the date of the issuance or denial of a permit

3 under this subsection, the Director shall publish notice of

4 the issuance or denial in the Federal Register, including

5 a description of any terms and conditions of the permit.

6 (e) MODIFICATION, SUSPENSION, AND REVOCATION.—

7 (1) The Director may modify, suspend, or revoke, in whole

8 or part, any permit issued under this section—

9 (A) if there is any change in conditions which

10 makes the permit inconsistent with the provisions of

11 this Act or the Protocol;

12 (B) in any case in which there has been any vio13 lation of this Act, including a violation of any regu14 lation promulgated under this Act, or of any term or

15 condition of the permit; or

16 (C) in order to make the permit consistent with

17 any change made, after the date of issuance of the

18 permit, to any regulation promulgated under section

19 7.

20 (2) If concurrence of the Administrator was required

21 under subsection (c)(2) before issuance of the permit, then

22 the Director shall not modify the permit without receiving

23 the concurrence of the Administrator with respect to the

24 modification.
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1 (3) If the concurrence of the Secretary was required

2 under subsection (c)(3) or (c)(4) before issuance of the per3 mit, then the Director shall not modify the permit without

4 receiving the concurrence of the Secretary with respect to

5 the modification.

6 (4) The Director shall publish notice of the modifica7 tion, suspension, or revocation of any permit in the Federal

8 Register within 10 days after the date of the decision, in9 cluding the reasons for the decision.

10 (5) Any permit modification, suspension, or revocation

11 under paragraph (1)(B) shall be undertaken pursuant to

12 the provisions of section 16.

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

14 charge fees for processing applications for permits under

15 this section. The amount of the fees shall be commensurate

16 with the administrative costs incurred by the Director in

17 processing the application. Fees received will be credited to

18 the appropriation or appropriations designated by the Di19 rector.

20 (g) TERMS AND CONDITIONS OF PERMITS.—(1) Each

21 permit issued under this section shall specify—

22 (A) the period during which the permit is valid;

23 and

24 (B) any other terms and conditions the Director

25 considers necessary and appropriate to ensure that
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1 any action authorized under the permit is carried out

2 in a manner consistent with this Act and the regula3 tions promulgated under the Act, including appro4 priate record-keeping, reporting, and compliance

5 monitoring requirements, and other terms and condi6 tions relating to inspection of documents and records.

7 (2) A permit which authorizes the disposal of any

8 waste in Antarctica shall—

9 (A) be issued only if the Director determines,

10 with the concurrence of the Administrator and based

11 on all relevant information, that such disposal will

12 not pose a substantial hazard to human health or the

13 Antarctic environment;

14 (B) specify the amount of waste which may be

15 disposed of in Antarctica, how the waste shall be

16 managed prior to disposal, and the conditions for the

17 disposal;

18 (C) authorize the disposal of sewage or domestic

19 liquid waste from land in Antarctica directly into the

20 sea before March 1, 1997, only if the Director has

21 taken fully into account the provisions of Article 3 of,

22 and Annex III to, the Protocol, and provided that—

23 (i) the Director has determined that such

24 disposal occurs, if practicable, where conditions
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1 exist for initial dilution and rapid dispersal;

2 and

3 (ii) if generated in large quantities, such

4 waste shall be treated by maceration or a treat5 ment that the Director has determined provides

6 greater environmental protection than does mac7 eration;

8 (D) require that the disposal of sewage or domes9 tic liquid waste from land directly into the sea in

10 Antarctica on and after March 1, 1997, shall meet

11 secondary treatment standards that are the same as

12 those applicable to such disposal in the navigable wa13 ters of the United States, except as authorized by reg14 ulations promulgated under section 7(f)(7);

15 (E) authorize the disposal of the by-product of

16 sewage treatment by the rotary biological conductor

17 process or similar processes from land into the sea,

18 only if the Director has determined that such disposal

19 does not adversely affect the local environment; and

20 (F) not authorize any disposal of prohibited

21 waste in Antarctica.

22 All determinations by the Director under this paragraph

23 shall be made with the concurrence of the Administrator.

24 (3) A permit which authorizes a taking or a harmful

25 interference within Antarctica—
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1 (A) may be issued only for the purpose of provid2 ing—

3 (i) specimens for scientific study or sci4 entific information;

5 (ii) specimens for museums, herbaria, zoo6 logical or botanical gardens, or other educational

7 or cultural institutions or uses; or

8 (iii) for consequences of scientific activities,

9 or of the construction and operation of scientific

10 support facilities, which the Director has deter11 mined are unavoidable; and

12 (B) shall require that, as determined by the Di13 rector—

14 (i) no more native mammals, native birds,

15 or native plants are taken than are strictly nec16 essary to meet the purposes set forth in subpara17 graph (A);

18 (ii) only small numbers of native mammals

19 or native birds are killed, and in no case more

20 native mammals or native birds are killed from

21 local populations than can, in combination with

22 other permitted takings, normally be replaced by

23 natural reproduction in the following season;

24 and
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1 (iii) the diversity of species, as well as the

2 habitats essential to their existence, and the bal3 ance of the ecological systems existing within

4 Antarctica are maintained;

5 (C) shall specify—

6 (i) the number and species of native mam7 mals, native birds, native invertebrates, or native

8 plants to which the permit applies; and

9 (ii) the manner in which the taking or

10 harmful interference shall be conducted (which

11 manner, as determined by the Director, involves

12 the least degree of pain and suffering prac13 ticable), the period of time within which it must

14 be conducted, the area in which it must be con15 ducted, and the person who will take the action.

16 All determinations made by the Director under this para17 graph in connection with permits for which the concurrence

18 of the Secretary under subsection (c)(3) is required shall

19 be made only with the concurrence of the Secretary.

20 (4) A permit which authorizes a taking within Antarc21 tica of a member of a specially protected species must meet

22 the requirements contained in paragraph (3), and in addi23 tion may be issued only if the Director determines that—

24 (A) there is a compelling scientific purpose for

25 the taking;
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1 (B) the taking will not jeopardize any existing

2 natural ecological system or the survival or recovery

3 of the species or local population; and

4 (C) the taking uses non-lethal techniques, if ap5 propriate.

6 All determinations made by the Director under this para7 graph in connection with permits for which the concurrence

8 of the Secretary under subsection (c)(3) is required shall

9 be made only with the concurrence of the Secretary.

10 (5) A permit which authorizes the introduction of a

11 member of a non-native species into Antarctica—

12 (A) may not be issued unless the non-native spe13 cies is listed in Appendix B to Annex II to the Proto14 col;

15 (B) shall specify the number, species, and, if ap16 propriate, age and sex of the animals or plants to

17 which the permit applies;

18 (C) shall specify the precautions to be taken to

19 prevent escape or contact with native fauna and flora;

20 (D) shall require that any animals or plants to

21 which the permit applies, and any progeny, shall,

22 prior to expiration of the permit, be removed from

23 Antarctica or disposed of by incineration or equally

24 effective means that eliminates risk to native fauna

25 and flora;
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1 (E) shall not permit the importation of dogs or

2 live poultry or other living birds; and

3 (F) shall require that precautions be taken to

4 prevent the release into the environment of micro-or5 ganisms (including viruses, bacteria, parasites,

6 yeasts, and fungi) not present in native fauna and

7 flora.

8 (6) A permit which authorizes entry into and engaging

9 in activities within an Antarctic specially protected area

10 shall—

11 (A) if a management plan relating to the area

12 has been approved, be issued only—

13 (i) to enter and engage in activities within

14 the specially protected area which the Director

15 has determined are in accordance with the re16 quirements of the management plan relating to

17 that area; and

18 (ii) if accompanied by the relevant sections

19 of the management plan;

20 (B) if a management plan relating to the area

21 has not been approved, be issued only—

22 (i) if entry is necessary to accomplish a

23 compelling scientific purpose which the Director

24 has determined cannot be served elsewhere; and
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1 (ii) if the Director has determined that the

2 actions allowed under the permit will not jeop3 ardize the natural ecological system existing in

4 the area; and

5 (C) specify—

6 (i) the extent and location of the specially

7 protected area;

8 (ii) the activities authorized;

9 (iii) the period of time within which the au10 thorized activities must be conducted, the area in

11 which they must be conducted, and the person

12 who is authorized to conduct them; and

13 (iv) other conditions imposed by the man14 agement plan, if any.

15 (7) No permit shall be required for the importation

16 of food into Antarctica, except that—

17 (A) no live animals may be imported for this

18 purpose;

19 (B) all plants and animal parts shall be kept

20 under carefully controlled conditions and disposed of

21 in accordance with the provisions of this Act; and

22 (C) before dressed poultry is packaged for ship23 ment to Antarctica, it shall be inspected for evidence

24 of disease, such as Newcastle’s disease, tuberculosis,

25 and yeast infection.
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1 SEC. 7. REGULATIONS.

2 (a) IN GENERAL.—The Director, the Secretary, the Ad3 ministrator, the Secretary of the department in which the

4 Coast Guard is operating, and the Secretary of State shall

5 promulgate, in accordance with this section, such regula6 tions as are necessary and appropriate to implement the

7 provisions of this Act and the Protocol.

8 (b) REGULATIONS TO BE PROMULGATED BY THE SEC9 RETARY.—The Secretary shall promulgate regulations

10 which—

11 (1) implement the provisions of this Act and the

12 Protocol with respect to Antarctic mineral resource

13 activity;

14 (2) require that the results of any activity de15 scribed in section 3(4)(A), (B), or (C) shall be made

16 public;

17 (3) specify the terms and conditions that are re18 quired for an agreement, between a person transport19 ing passengers to, from, or within Antarctica by ves20 sel and the vessel owner or operator, as described in

21 section 5(a)(8); and

22 (4) require that any person who organizes, spon23 sors, operates, or promotes a nongovernmental expedi24 tion to Antarctica, and who does business in the

25 United States, to notify all members of the expedition

26 of the environmental protection obligations of this
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1 Act, and of actions which members must take, or not

2 take, in order to comply with those obligations.

3 (c) RESIDUAL AUTHORITY OF THE SECRETARY.—In

4 addition to the specific authorities set forth in subsection

5 (b), the Secretary may promulgate such regulations relating

6 to Antarctic mineral resources and nongovernmental activi7 ties as the Secretary deems necessary and appropriate to

8 implement the Protocol, including but not limited to regula9 tions which address a situation not covered by the annexes

10 to the Protocol or in which a more rigorous or supplemental

11 requirement is necessary.

12 (d) REGULATIONS TO BE PROMULGATED BY THE DI13 RECTOR.—The Director shall promulgate regulations

14 which—

15 (1) designate as native species—

16 (A) each species of the class Aves;

17 (B) each species of the class Mammalia;

18 (C) each species of plant; and

19 (D) each species of invertebrate;

20 which is indigenous to Antarctica or which occurs

21 there seasonally through natural migrations;

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

23 actions which must not, be taken within Antarctica

24 in order to protect, in accordance with the applicable
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1 provisions of the Protocol, members of each native

2 species designated under paragraph (1);

3 (3) designate as a specially protected species any

4 species of native mammal, native bird, native inverte5 brate, or native plant which is—

6 (A) listed in Appendix A to Annex II to the

7 Protocol; or

8 (B) approved by the United States for spe9 cial protection under the Protocol;

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

11 be introduced into Antarctica only those species listed

12 in Appendix B to Annex II to the Protocol;

13 (5) identify each area designated as an Antarctic

14 specially protected area or specially managed area

15 under the Protocol, and implement the provisions of

16 the management plan applicable to such area;

17 (6) identify each historic site and monument—

18 (A) listed under Article 8 of Annex V to the

19 Protocol; or

20 (B) approved by the United States for list21 ing as a historic site or monument; and

22 (7) set forth the form, content, and manner of fil23 ing, if applicable, of all notices, reports, declarations,

24 or other documentation which may be required with
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1 respect to the carrying out of any act for which a per2 mit is required under this Act.

3 (e) RESIDUAL REGULATORY AUTHORITY OF THE DI4 RECTOR.—In addition to the specific authorities set forth

5 in subsection (d), the Director may promulgate such regula6 tions relating to the conservation of Antarctic fauna and

7 flora or area protection in Antarctica as the Director deems

8 necessary and appropriate to implement the provisions of

9 the Protocol, including but not limited to regulations which

10 address a situation not covered by the annexes to the Proto11 col or in which a more rigorous or supplemental require12 ment is necessary.

13 (f) REGULATIONS TO BE PROMULGATED BY THE DI14 RECTOR WITH THE CONCURRENCE OF THE ADMINIS15 TRATOR.—The Director, with the concurrence of the Admin16 istrator, shall promulgate regulations which—

17 (1) designate as prohibited products—

18 (A) polychlorinated biphenyls;

19 (B) non-sterile soil;

20 (C) polystyrene beads or chips or similar

21 forms of packaging;

22 (D) pesticides (other than those required for

23 scientific, medical, or hygiene purposes); and
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1 (E) substances which the parties to the Pro2 tocol or Treaty agree should be banned from use

3 in Antarctica;

4 (2) designate as prohibited waste—

5 (A) radioactive materials;

6 (B) electrical batteries;

7 (C) liquid and solid fuel;

8 (D) wastes containing harmful levels of

9 heavy metals or acutely toxic or harmful persist10 ent compounds;

11 (E) polyvinyl chloride, polyurethane foam,

12 polystyrene foam, rubber and lubricating oils,

13 treated timbers, and other products which con14 tain additives that could produce harmful emis15 sions if incinerated;

16 (F) all other plastic wastes (including low

17 density polyethylene containers, such as bags for

18 storing wastes, unless incineration of such con19 tainers is authorized under regulations promul20 gated under paragraph (6), in which case such

21 containers shall be incinerated);

22 (G) fuel drums and other solid, non-combus23 tible wastes (provided that their removal would

24 not result in greater adverse environmental im-
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1 pact than leaving them in their existing loca2 tions);

3 (H) unless incinerated, autoclaved, or other4 wise treated to be made sterile—

5 (i) residues of carcasses of imported

6 animals;

7 (ii) laboratory culture of micro-orga8 nisms and plant pathogens;

9 (iii) medical wastes; and

10 (iv) introduced avian products;

11 (I) the solid residue of incineration; and

12 (J) any other substance which the Director

13 finds likely to create hazards to human health, to

14 harm living marine resources or other living re15 sources, to damage amenities, or to interfere with

16 other legitimate uses of Antarctica, if the sub17 stance is introduced into Antarctica;

18 (3) provide that—

19 (A) prohibited waste shall be removed from

20 Antarctica;

21 (B) sewage, domestic liquid waste, and

22 other liquid waste (other than prohibited waste)

23 shall, to the maximum extent practicable, be re24 moved from Antarctica;
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1 (C) waste at field camps shall be trans2 ported to supporting stations or vessels for dis3 posal in accordance with this Act; and

4 (D) wastes removed from Antarctica shall

5 be disposed of in accordance with applicable do6 mestic and international law;

7 (4) specify those actions which must, and those

8 actions which must not, be taken in order to prevent

9 or control the discharge or other disposal of prohibited

10 wastes, from any source within Antarctica;

11 (5) provide that sewage, domestic liquid waste,

12 and other liquid waste (other than prohibited waste)

13 generated by stations located inland on ice shelves or

14 on the grounded ice-sheet may be disposed of in deep

15 ice pits if such disposal is the only practicable option,

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

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

18 areas of high ablation;

19 (6) prohibit incineration in Antarctica, unless

20 the Director, with the concurrence of the Adminis21 trator, determines, after notice and opportunity for

22 public comment and not later than 1 year after the

23 date of enactment of this Act, that incineration is the

24 only practicable alternative for disposal of certain
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1 wastes and promulgates regulations governing such

2 incineration;

3 (7) require that disposal of sewage or domestic

4 liquid waste from land directly into the sea in Ant5 arctica on and after March 1, 1997, shall meet sec6 ondary treatment standards that are the same as

7 those applicable to such disposal in the navigable wa8 ters of the United States, unless the Director, with the

9 concurrence of the Administrator, determines, after

10 notice and opportunity for public comment and not

11 later than 1 year after the date of enactment of this

12 Act, that disposal that does not meet such standards

13 is the only practicable alternative for disposal of cer14 tain wastes and promulgates regulations governing

15 such disposal;

16 (8) provide that all wastes to be removed from

17 Antarctica, or disposed of in Antarctica, shall be

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

19 the environment;

20 (9) provide, with respect to the United States

21 Antarctic Program and any other United States Gov22 ernment program in Antarctica, in accordance with

23 Articles 8, 9, and 10 of Annex III to the Protocol,

24 for—
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1 (A) the establishment of a waste disposal

2 classification system;

3 (B) the preparation, and annual review

4 and update, of waste management plans, taking

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

6 Protocol; and

7 (C) other waste management activities of

8 such programs; and

9 (10) provide that past and present waste dis10 posal sites on land and abandoned work sites of Ant11 arctic activities shall be cleaned up by the generator

12 of such wastes and the user of such sites, provided

13 that—

14 (A) such regulations shall not require the

15 removal of any structure designated as a historic

16 site or monument, or the removal of any struc17 ture or waste material in circumstances where

18 the removal by any practical option would result

19 in greater adverse environmental impact than

20 leaving the structure or waste material in its ex21 isting location; and

22 (B) such regulations shall take into account

23 considerations of practicality, and of the safety

24 of human life.
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1 (g) RESIDUAL REGULATORY AUTHORITY OF THE DI2 RECTOR WITH THE CONCURRENCE OF THE ADMINIS3 TRATOR.—In addition to the specific authorities set forth

4 in subsection (f), the Director, with the concurrence of the

5 Administrator, may—

6 (1) promulgate such regulations relating to waste

7 disposal and waste management in Antarctica as the

8 Director deems necessary and appropriate to imple9 ment the provisions of the Protocol, including but not

10 limited to regulations which address a situation not

11 covered by the annexes to the Protocol or in which a

12 more rigorous or supplemental requirement is nec13 essary; and

14 (2) designate additional items as prohibited

15 products or prohibited waste under subsection (f)(1)

16 and (2), when the Director determines that such des17 ignation is necessary and appropriate to protect

18 human health or the Antarctic environment.

19 (h) REGULATIONS TO BE PROMULGATED BY THE SEC20 RETARY OF STATE.—The Secretary of State shall promul21 gate such regulations as are necessary and appropriate to

22 implement, with respect to any person, paragraph 5 of Arti23 cle VII of the Treaty, pertaining to the filing of advance

24 notifications of expeditions to and within Antarctica, in25 cluding a requirement for such person to describe how he
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1 or she plans to comply with any regulations promulgated

2 under subsection (i).

3 (i) REGULATIONS WITH RESPECT TO CONTINGENCY

4 PLANNING AND RESPONSE ACTION.—(1) The Secretary of

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

6 addition to the regulations specified under the Act to Pre7 vent Pollution from Ships (as amended by section 10 of this

8 Act), shall promulgate, with the concurrence of the Director,

9 such regulations as are necessary and appropriate to imple10 ment the provisions of Article 15 of the Protocol with respect

11 to vessels.

12 (2) The Director shall promulgate such regulations as

13 are necessary and appropriate to implement the provisions

14 of Article 15 of the Protocol with respect to land areas and

15 ice shelves in Antarctica.

16 (j) RESIDUAL REGULATORY AUTHORITY OF THE SEC17 RETARY OF THE DEPARTMENT IN WHICH THE COAST

18 GUARD IS OPERATING.—In addition to the specific author19 ity set forth in subsection (i) of this section and the Act

20 to Prevent Pollution from Ships (as amended by section

21 10), the Secretary of the department in which the Coast

22 Guard is operating may promulgate such regulations relat23 ing to marine pollution in Antarctica as such Secretary

24 deems necessary and appropriate to implement the provi25 sions of the Protocol, including but not limited to regula-
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1 tions which address a situation not covered by the annexes

2 to the Protocol or in which a more rigorous or supplemental

3 requirement is necessary.

4 (k) TIME PERIOD FOR REGULATIONS.—The regula5 tions to be promulgated under subsections (d) and (h) shall

6 be promulgated within 24 months after the date of enact7 ment of this Act. The regulations to be promulgated under

8 subsection (f) shall be promulgated within 36 months after

9 such date of enactment.

10 SEC. 8. ENVIRONMENTAL IMPACT ASSESSMENT.

11 (a) FEDERAL ACTIVITIES.—(1)(A) It is the intent of

12 Congress to implement United States obligations under Ar13 ticle 8 of and Annex I to the Protocol by applying the Na14 tional Environmental Policy Act (42 U.S.C. 4321 et seq.)

15 to proposals for Federal agency activities in Antarctica, as

16 specified in this section.

17 (B) The obligations contained in section 102(2)(C) of

18 the National Environmental Policy Act (42 U.S.C.

19 4332(2)(C)) shall apply to proposals for Federal agency ac20 tivities occurring in Antarctica and affecting the quality

21 of the human environment in Antarctica or dependent or

22 associated ecosystems, as specified in this section.

23 (2)(A) Unless an agency which proposes to conduct a

24 Federal activity in Antarctica determines that the activity

25 will have less than a minor or transitory impact, or unless
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1 a comprehensive environment evaluation is being prepared

2 in accordance with paragraph (2)(C), the agency shall pre3 pare an initial environmental evaluation, in accordance

4 with Article 2 of Annex I to the Protocol.

5 (B) If the agency determines, through the preparation

6 of the initial environmental evaluation, that the proposed

7 Federal activity is likely to have a minor or transitory im8 pact, the activity may proceed if appropriate procedures

9 are put in place to assess and verify the impact of the

10 activity.

11 (C) If the agency determines, through the preparation

12 of the initial environmental evaluation or otherwise, that

13 a proposed Federal activity is likely to have more than a

14 minor or transitory impact, the agency shall prepare a

15 comprehensive environmental evaluation in accordance

16 with Article 3 of Annex I to the Protocol, and shall make

17 such comprehensive environmental evaluation publicly

18 available for comment.

19 (3) Any agency decision under this section on whether

20 a proposed Federal activity, to which paragraph (2)(C) ap21 plies, should proceed, and, if so, whether in its original or

22 in a modified form, shall be based on the comprehensive

23 environmental evaluation as well as other considerations

24 which the agency, in the exercise of its discretion, deems

25 relevant.
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1 (4) For the purposes of this section—

2 (A) the term ‘‘Federal activity’’ includes, but is

3 not limited to, activities conducted under a Federal

4 agency research program in Antarctica, whether or

5 not conducted by a Federal agency; and

6 (B) activities that may have a ‘‘significant’’ im7 pact, within the meaning of section 102(2)(C) of the

8 National Environmental Policy Act (42 U.S.C.

9 4332(2)(C)), are deemed to fall within the category of

10 activities that are likely to have ‘‘more than a minor

11 or transitory impact’’.

12 (b) NONGOVERNMENTAL ACTIVITIES.—(1) The Sec13 retary shall, within 24 months after the date of enactment

14 of this Act, promulgate regulations to provide for—

15 (A) the environmental impact assessment of non16 governmental activities, including tourism, for which

17 the United States is required to give advance notice

18 under paragraph 5 of Article VII of the Treaty; and

19 (B) coordination of the review of information re20 garding environmental impact assessment received

21 from other parties under the Protocol.

22 (2) Such regulations shall be consistent with the provi23 sions of Annex I to the Protocol.

24 (c) DECISION TO PROCEED.—(1) No decision shall be

25 taken to proceed with an activity for which a comprehensive
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1 environmental evaluation is prepared under this section

2 unless there has been an opportunity for consideration of

3 the draft comprehensive environmental evaluation at an

4 Antarctic Treaty Consultative Meeting, provided that no de5 cision to proceed with a proposed activity shall be delayed

6 through the operation of this subsection for more than 15

7 months from the date of circulation of the draft comprehen8 sive environmental evaluation.

9 (2) The Secretary of State shall circulate the final com10 prehensive environmental evaluation, in accordance with

11 Article 3(6) of Annex I to the Protocol, at least 60 days

12 before the commencement of the activity in Antarctica.

13 (d) CASES OF EMERGENCY.—The requirements set out

14 in this section, and in regulations promulgated under it,

15 shall not apply in cases of emergency relating to the safety

16 of human life or of ships, aircraft, or equipment and facili17 ties of high value, or the protection of the environment,

18 which require an activity to be undertaken without fulfill19 ing these requirements.

20 (e) JUDICIAL REVIEW.—Agency compliance with sub21 section (a) of this section shall be reviewable under chapter

22 7 of title 5, United States Code.

23 (f) REPORTING.—The Secretary of State and the Ad24 ministrator shall report annually to the Congress regarding

25 implementation of this section. Their reports shall include
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1 information provided under Article 6 of Annex I to the Pro2 tocol, copies of all comprehensive environmental evaluations

3 circulated and all public comments received.

4 (g) EXCLUSIVE MECHANISM.—Notwithstanding any

5 other provision of law, the requirements of the National En6 vironmental Policy Act as specified in this section shall

7 constitute the sole and exclusive statutory obligations of the

8 Federal agencies with regard to assessing the environmental

9 impacts of proposed Federal activities occurring in Antarc10 tica.

11 (h) DECISIONS ON PERMIT APPLICATIONS.—The pro12 visions of this section requiring environmental impact as13 sessments (including initial environmental evaluations and

14 comprehensive environmental evaluations) shall not apply

15 to permitting decisions under section 6.

16 SEC. 9. MONITORING.

17 The Director, with the concurrence of the Secretary,

18 shall promulgate such regulations as are necessary and ap19 propriate, in accordance with Article 8 of and Annex I to

20 the Protocol, to provide for—

21 (1) procedures to assess and verify the impact

22 over time of any activity that proceeds following the

23 completion of a comprehensive environmental evalua24 tion;
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1 (2) procedures to assess and verify the impact

2 over time of activities that proceed after a determina3 tion that they are likely to have no more than a

4 minor or transitory impact;

5 (3) acquisition of information useful for mini6 mizing or mitigating any impact identified under

7 paragraph (1) or (2) and information on the need for

8 suspension, cancellation, or modification of an activ9 ity that is likely to cause more than a minor or tran10 sitory impact; and

11 (4) procedures to assess and verify the impact of

12 nongovernmental activities and compliance with im13 pact assessment requirements of nongovernmental op14 erations.

15 SEC. 10. AMENDMENTS TO ACT TO PREVENT POLLUTION

16 FROM SHIPS.

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

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

19 (1) in paragraph (8) by striking ‘‘and’’ at the

20 end;

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

22 inserting a semicolon; and

23 (3) by adding at the end the following new para24 graphs:
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1 ‘‘(10) ‘Antarctica’ means the area south of 60 de2 grees south latitude, including all ice shelves; and

3 ‘‘(11) ‘Antarctic Protocol’ means the Protocol on

4 Environmental Protection to the Antarctic Treaty,

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

6 thereto, and includes any future amendments thereto

7 which have entered into force.’’.

8 (b) APPLICATION OF ANNEX IV OF PROTOCOL.—Sec9 tion 2 of the Act to Prevent Pollution from Ships (33 U.S.C.

10 1901) is amended by adding at the end the following new

11 subsection:

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

13 Annex IV to the Antarctic Protocol shall apply in Antarc14 tica to all vessels over which the United States has jurisdic15 tion, except for vessels listed in section 3(b) of this Act.’’.

16 (c) ADMINISTRATION.—Section 4(a) of the Act to Pre17 vent Pollution from Ships (33 U.S.C. 1903(a)) is amended

18 by inserting in the first sentence ‘‘, Annex IV to the Ant19 arctic Protocol,’’ after ‘‘the MARPOL Protocol’’.

20 (d) REGULATIONS.—Section 4(b)(1) of the Act to Pre21 vent Pollution from Ships (33 U.S.C. 1903(b)(1)) is amend22 ed by inserting ‘‘, Annex IV to the Antarctic Protocol,’’ after

23 ‘‘the MARPOL Protocol’’.

24 (e) VIOLATIONS.—(1) Section 8(a) of the Act to Pre25 vent Pollution from Ships (33 U.S.C. 1907(a)) is amended
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1 by inserting in the first sentence ‘‘Annex IV to the Antarctic

2 Protocol,’’ after ‘‘the MARPOL Protocol,’’.

3 (2) Section 8(b) of the Act to Prevent Pollution from

4 Ships (33 U.S.C. 1907(b)) is amended by striking the fourth

5 and fifth sentences and inserting the following: ‘‘With re6 spect to the MARPOL Protocol, upon completion of the in7 vestigation, the Secretary shall take the action required by

8 the MARPOL Protocol and whatever further actions the

9 Secretary considers appropriate under the circumstances.

10 If the initial evidence was provided by a party to the

11 MARPOL Protocol, the Secretary, acting through the Sec12 retary of State, shall inform that party of the action taken

13 or proposed. With respect to Annex IV to the Antarctic Pro14 tocol, upon completion of the investigation, the Secretary

15 shall take any actions required by the Antarctic Protocol

16 and whatever further actions the Secretary considers appro17 priate under the circumstances.’’.

18 (f) PENALTIES.—Section 9 of the Act to Prevent Pollu19 tion from Ships (33 U.S.C. 1908) is amended—

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

21 the Antarctic Protocol,’’ after ‘‘the MARPOL Proto22 col,’’;

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

24 the Antarctic Protocol,’’ after ‘‘the MARPOL Proto25 col,’’ each place it appears; and
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1 (3) in subsection (d) by inserting ‘‘Annex IV to

2 the Antarctic Protocol,’’ after ‘‘the MARPOL Proto3 col,’’.

4 SEC. 11. REPRESENTATIVE TO COMMITTEE FOR ENVIRON5 MENTAL PROTECTION.

6 (a) DESIGNATION.—The Secretary of State, with the

7 concurrence of the Director, Administrator, and the Sec8 retary, shall designate an officer or employee of the United

9 States to be the United States representative to the Commit10 tee for Environmental Protection.

11 (b) TECHNICAL QUALIFICATIONS.—The officer or em12 ployee designated shall have the technical qualifications

13 necessary to serve in this capacity.

14 (c) COMPENSATION.—The United States representative

15 shall receive no additional compensation by reason of serv16 ice as such representative.

17 SEC. 12. OVERSIGHT.

18 (a) REPORT AND ON-SITE INSPECTIONS.—(1) The

19 Secretary of State, in conjunction with the Administrator

20 and the Secretary, shall, at appropriate intervals of between

21 2 and 5 years, conduct an inspection of the United States

22 Antarctic Program, including on-site inspections of sta23 tions, field camps, and operations, and review of any other

24 relevant information, including information received from

25 the Director, with a view to examining the overall compli-
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1 ance of the United States Antarctic Program with this Act

2 and the Protocol.

3 (2) The inspection of the United States Antarctic Pro4 gram shall be conducted by a team designated by the Sec5 retary of State, the Administrator, and the Secretary. The

6 team shall comprise no more members than are necessary

7 and appropriate to carry out its mandate, and shall include

8 technically qualified experts, both governmental and non9 governmental.

10 (3) The National Science Foundation shall provide all

11 transportation and logistical support necessary to allow the

12 team to conduct the on-site inspections in Antarctica, and

13 shall cooperate to the fullest extent possible in meeting re14 quests for documents, other information, and assistance nec15 essary for the inspection team to carry out its work. The

16 costs of transportation to and from Antarctica shall be

17 borne by the Department of State, the Environmental Pro18 tection Agency, and the Department of Commerce.

19 (4) The inspection team shall prepare a draft report

20 which documents its findings on the compliance of the

21 United States Antarctic Program with the provisions of this

22 Act and the Protocol, shall specify any examples of failures

23 of compliance, and shall make recommendations. The in24 spection team shall provide the draft report to the Director

25 for review and comment for a period not to exceed 120 days.
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1 (5) The final report of the inspection team, including

2 any comments by the Director, shall promptly be made pub3 lic. The Director shall publish notice of the report and the

4 response in the Federal Register.

5 (b) REPORT AND REVIEW OF UNITED STATES ANT6 ARCTIC PROGRAM.—(1) The Secretary of State shall con7 vene at least biannually an Antarctic Program Review

8 Group (hereafter in this section referred to as the ‘‘Review

9 Group’’). The Review Group shall consist of—

10 (A) the Secretary of State, the Director, the Sec11 retary, the Administrator, and the Secretary of the

12 department in which the Coast Guard is operating, or

13 their designated representatives; and

14 (B) representatives from nongovernmental inter15 ests.

16 (2) The Review Group shall provide general oversight

17 and review of—

18 (A) proposals on the concept, location, design, or

19 other aspects of major United States logistic support

20 facilities in Antarctica, and proposals for significant

21 alterations to existing major United States facilities

22 in Antarctica;

23 (B) environmental monitoring activities in Ant24 arctica;
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1 (C) activities of Federal agencies and other per2 sons and vessels under the jurisdiction of the United

3 States, to ensure compliance with this Act and the

4 Protocol; and

5 (D) cooperation among Federal agencies in car6 rying out actions required by this Act.

7 (3) The Review Group shall submit to Congress an an8 nual report on implementation of this Act, including rec9 ommendations to improve interagency cooperation and

10 compliance with this Act and the Protocol.

11 SEC. 13. STUDY OF ANTARCTIC TOURISM.

12 The Department of State shall coordinate an inter13 agency study of tourism in Antarctica (including rec14 ommendations where appropriate) to determine whether or

15 not additional measures should be taken with respect to

16 Antarctic tourist activities. This study shall be completed

17 within 24 months after the date of enactment of this Act.

18 SEC. 14. RULEMAKING AND PETITION FOR REGULATIONS.

19 (a) RULEMAKING.—Promulgation of regulations under

20 this Act shall be in accordance with section 553 of title 5,

21 United States Code.

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

23 petition the implementing agency for the promulgation,

24 amendment, or repeal of any regulation under this Act

25 within its authority. Within 180 days of receipt of such
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1 a petition, the implementing agency shall grant or deny

2 the petition. If the petition is denied, the implementing

3 agency shall provide notice of such denial and the reasons

4 therefor. If the petition is granted, the final regulations

5 shall be promulgated within 24 months after the granting

6 of the petition.

7 SEC. 15. CITIZEN SUITS.

8 (a) AUTHORITY TO BRING CIVIL ACTIONS.—Except as

9 provided in subsections (c) and (d), any person may com10 mence a civil action on that person’s own behalf—

11 (1) against any person (including the United

12 States and any other governmental instrumentality

13 or agency, to the extent permitted by the eleventh

14 amendment to the Constitution) who is alleged to

15 have committed an act prohibited under section 5 of

16 this Act or section 306 of the Antarctic Marine Living

17 Resources Convention Act of 1984 (16 U.S.C. 2435);

18 or

19 (2) against the Director, the Secretary, the Ad20 ministrator, or the Secretary of the department in

21 which the Coast Guard is operating, where there is al22 leged a failure of the Director, the Secretary, the Ad23 ministrator, or the Secretary of the department in

24 which the Coast Guard is operating to perform any

25 act or duty under this Act or the Antarctic Marine
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1 Living Resources Convention Act of 1984 which is not

2 discretionary with the Director, the Secretary, the Ad3 ministrator, or the Secretary of the department in

4 which the Coast Guard is operating.

5 (b) RELIEF.—The appropriate district court of the

6 United States shall have jurisdiction in actions brought

7 under subsection (a)(1) to enforce the prohibition concerned,

8 to order such action as may be necessary to correct the vio9 lation, and to impose upon any person (other than an offi10 cer or employee of the Federal Government acting in his

11 or her official capacity, or any department, agency, or other

12 instrumentality of the Federal Government) any civil pen13 alty provided for the violation. The appropriate district

14 court shall have jurisdiction in actions brought under sub15 section (a)(2) to order the Director, the Secretary, the Ad16 ministrator, or the Secretary of the department in which

17 the Coast Guard is operating to perform the act or duty

18 concerned.

19 (c) RULES APPLICABLE TO SUBSECTION (a)(1) AC20 TIONS.—(1) No action may be commenced under subsection

21 (a)(1) before 60 days after the plaintiff has given notice

22 of the alleged violation to each of the following:

23 (A) The Director, the Secretary, the Adminis24 trator, and the Secretary of the department in which

25 the Coast Guard is operating.
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1 (B) Any alleged violator of the prohibition.

2 Notice under this paragraph shall be given in such manner

3 as the Director shall prescribe by regulation.

4 (2) No action may be commenced under subsection

5 (a)(1) if the Director, the Secretary, the Administrator, or

6 the Secretary of the department in which the Coast Guard

7 is operating has commenced and is diligently pursuing an

8 action under this Act or the Antarctic Marine Living Re9 sources Convention Act of 1984 to require compliance with

10 the prohibition concerned.

11 (d) RULES APPLICABLE TO SUBSECTION (a)(2) AC12 TIONS.—No action may be commenced under subsection

13 (a)(2) before the 60th day following the date on which the

14 plaintiff gives notice to the Director, the Secretary, the Ad15 ministrator, or the Secretary of the department in which

16 the Coast Guard is operating that the plaintiff will com17 mence such action.

18 (e) INTERVENTION.—In any action under this section,

19 the United States if not a party may intervene as a matter

20 of right.

21 (f) OTHER RIGHTS.—This section does not restrict any

22 right that any person may have under any statute or com23 mon law to seek enforcement of any standard or limitation

24 or to seek any other relief.
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1 SEC. 16. ADMINISTRATIVE ENFORCEMENT.

2 (a) ADMINISTRATIVE COMPLIANCE ORDERS.—(1)

3 Whenever, on the basis of any information, the implement4 ing agency determines that any person has violated or is

5 in violation of any requirement of this Act, or any permit

6 issued or regulation promulgated under this Act, such agen7 cy may, after notice and opportunity for a hearing in ac8 cordance with subsection (c), issue an order requiring com9 pliance immediately or within a specified time period, or

10 both.

11 (2) Upon the failure of any person against whom a

12 compliance order is issued to take corrective action within

13 the time specified in the order, and after notice and an op14 portunity for a hearing in accordance with subsection (c),

15 the implementing agency may request the Attorney General

16 to institute a civil action in either the United States Dis17 trict Court for the District of Columbia or the United States

18 District Court for any district in which such person is

19 found, resides, or transacts business to enforce such order.

20 (b) ASSESSMENT OF PENALTIES.—(1) Any person who

21 is found by the implementing agency, after notice and op22 portunity for a hearing in accordance with subsection (c),

23 to have committed any act prohibited by section 5 shall be

24 liable to the United States for a civil penalty. The amount

25 of the civil penalty shall not exceed $50,000 for each viola26 tion. Each day of a continuing violation shall constitute
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1 a separate offense. The amount of such civil penalty shall

2 be assessed by written notice. In determining the amount

3 of such penalty, the implementing agency shall take into

4 account the nature, circumstances, extent, and gravity of

5 the prohibited acts committed, and, with respect to the vio6 lator, the degree of culpability, any history of prior offenses,

7 any economic benefit derived from the violation, and such

8 other matters as justice may require, to the extent such in9 formation is reasonably available to the implementing

10 agency.

11 (2) The implementing agency may compromise, mod12 ify, or remit, with or without conditions, any civil penalty

13 which is subject to imposition or which has been imposed

14 under this section.

15 (c) HEARINGS.—Hearings for administrative actions

16 under this section shall be conducted in accordance with

17 section 554 of title 5, United States Code. For the purposes

18 of conducting any such hearing, the implementing agency

19 may issue subpoenas for the attendance and testimony of

20 witnesses and the production of relevant papers, books, and

21 documents, and may administer oaths. Witnesses sum22 moned shall be paid the same fees and mileage that are paid

23 to witnesses in the courts of the United States. In case of

24 contempt or refusal to obey a subpoena served upon any

25 person under this subsection, the district court of the United
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1 States for any district in which such person is found, re2 sides, or transacts business, upon application by the United

3 States and after notice to such person, shall have jurisdic4 tion to issue an order requiring such person to appear and

5 give testimony before the implementing agency or to appear

6 and produce documents before the implementing agency, or

7 both, and any failure to obey such order of the court may

8 be punished by such court as a contempt thereof.

9 (d) REVIEW OF ADMINISTRATIVE ACTIONS.—Any per10 son against whom an administrative action has been taken

11 under this section may obtain review thereof in the United

12 States District Court for the District of Columbia by filing

13 a complaint in such court within 30 days from the date

14 of such order and by simultaneously sending a copy of such

15 complaint, by certified mail to the implementing agency,

16 the Attorney General, and the appropriate United States

17 Attorney. The implementing agency shall promptly file in

18 such court a certified copy of the record upon which the

19 violation was found or such penalty imposed, as provided

20 in section 2112 of title 28, United States Code. Such court

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

22 substantial evidence in the record, taken as a whole, to sup23 port the finding of a violation or unless the implementing

24 agency’s assessment of the penalty constitutes an abuse of
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1 discretion. In any such proceeding, the United States may

2 seek to recover the civil penalty assessed under this section.

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

4 If any person fails to pay an assessment of a civil penalty

5 after it has become a final and unappealable order, or after

6 the court has entered final judgment in favor of the imple7 menting agency, the implementing agency shall request the

8 Attorney General to bring a civil action to recover the

9 amount assessed in any appropriate district court of the

10 United States. In such action, the validity and appropriate11 ness of the final order imposing the civil penalty shall not

12 be subject to review.

13 (f) IN REM JURISDICTION.—(1) Any vessel, vehicle, or

14 aircraft (including its gear, furniture, appurtenances,

15 stores, and cargo) used in the commission of an act prohib16 ited by section 5 shall be liable in rem for any civil penalty

17 assessed for such violation under this section and may be

18 proceeded against in any district court of the United States

19 having jurisdiction thereof. Such penalty shall constitute a

20 maritime lien on such vessel which may be recovered in an

21 action in rem in the district court of the United States hav22 ing jurisdiction over the vessel.

23 (2) This subsection does not apply to a vessel, vehicle,

24 or aircraft owned or operated by the United States in non25 commercial service.
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1 SEC. 17. CIVIL JUDICIAL ENFORCEMENT.

2 (a) CIVIL JUDICIAL ENFORCEMENT.—Whenever, on the

3 basis of any information, the implementing agency deter4 mines that a person has violated or is in violation of any

5 requirement of this Act or any permit issued or regulation

6 promulgated under this Act, such agency may request the

7 Attorney General to commence a civil action in either the

8 United States District Court for the District of Columbia,

9 or the United States District Court for any district in

10 which such person is found, resides, or transacts business,

11 for appropriate relief, including a temporary or permanent

12 injunction, or to assess and recover a civil penalty not to

13 exceed $50,000 per day for each past or ongoing violation,

14 or both. Each day of a continuing violation shall constitute

15 a separate offense.

16 (b) FACTORS CONSIDERED IN DETERMINING

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

18 court shall take into account the nature, circumstances, ex19 tent, and gravity of the prohibited acts committed, and,

20 with respect to the violator, the degree of culpability, any

21 history of prior offenses, any economic benefit derived from

22 the violation, and such other matters as justice may require.

23 (c) IMMINENT HAZARD.—Notwithstanding any other

24 provision of this Act, upon receipt of evidence that a per25 son’s past or present activities may present an imminent

26 and substantial endangerment to human health or the envi-
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1 ronment in Antarctica, the Director, in consultation with

2 the Administrator, may request the Attorney General to

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

4 United States District Court for the District of Columbia,

5 or the United States District Court for any district in

6 which such person is found, resides, or transacts business,

7 against any person who has contributed to or who is con8 tributing to such activities to restrain such person from

9 such activities, to order such person to take other action

10 as may be necessary, or both. The Director, in consultation

11 with the Administrator, may also take other action under

12 this section, including but not limited to issuing such orders

13 as may be necessary to protect human health or the environ14 ment in Antarctica, and undertaking corrective action and

15 recovering costs of such action.

16 SEC. 18. CRIMINAL OFFENSES.

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

18 any act prohibited by section 5 shall, upon conviction, be

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

20 the violation, or by imprisonment for not more than 5

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

22 such offense the person uses a dangerous weapon, engages

23 in conduct that causes bodily injury to any officer or em24 ployee of the United States carrying out the powers speci25 fied in section 20(b)(1), or places any such officer or em-
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1 ployee in fear of imminent bodily injury, the maximum fine

2 shall be as provided in title 18, United States Code, and

3 the maximum imprisonment shall be 10 years. Each day

4 of a continuing violation shall constitute a separate offense.

5 If a conviction of a person is for a violation committed after

6 a first conviction of such person under this subsection, the

7 maximum punishment shall be doubled with respect to both

8 fine and imprisonment.

9 (b) FEDERAL JURISDICTION.—There is Federal juris10 diction over any offense described in subsection (a).

11 (c) OTHER CRIMINAL OFFENSES.—Nothing in this Act

12 shall be construed to limit the jurisdiction of the United

13 States over other criminal offenses which may occur in Ant14 arctica.

15 SEC. 19. CIVIL FORFEITURE.

16 (a) IN GENERAL.—Any vessel, vehicle, or aircraft (in17 cluding its gear, furniture, appurtenances, stores and

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

19 any animal, plant, Antarctic mineral resource (or the fair

20 market value thereof), or other property recovered, taken,

21 or possessed, in any manner, including any proceeds there22 of, in connection with or as a result of the commission of

23 any act prohibited by section 5 shall be subject to forfeiture

24 to the United States. All or part of such vessel, vehicle, or

25 aircraft may, and all of any such animal, plant, or Ant-
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1 arctic mineral resource (or fair market value thereof) shall,

2 be forfeited to the United States pursuant to a civil proceed3 ing under this section.

4 (b) JURISDICTION OF DISTRICT COURTS.—Any dis5 trict court of the United States shall have jurisdiction, upon

6 application by the Attorney General on behalf of the United

7 States, to order any forfeiture authorized under subsection

8 (a) and any action provided for under subsection (d).

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

10 United States in a civil forfeiture proceeding under this sec11 tion, the Attorney General may seize any property or other

12 interest declared forfeited to the United States, which has

13 not previously been seized under this Act or for which secu14 rity has not previously been obtained under subsection (d).

15 The provisions of the customs laws relating to—

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

17 property for violation of the customs law;

18 (2) the disposition of such property or the pro19 ceeds from the sale thereof; and

20 (3) the remission or mitigation of any such for21 feiture; shall apply to seizures and forfeitures in22 curred, or alleged to have been incurred, under the

23 provisions of this Act, unless such customs law provi24 sions are inconsistent with the purposes, policy, and

25 provisions of this Act, except that all powers, rights,
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1 and duties conferred or imposed by the customs laws

2 upon any officer or employee of the Customs Services

3 shall, for the purposes of this Act, be exercised or per4 formed by the implementing agency.

5 (d) PROCEDURE.—(1) Any officer authorized to serve

6 any process in rem which is issued by a court under this

7 Act shall—

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

9 (B) discharge any property seized pursuant to

10 such process,

11 upon the receipt of a satisfactory bond or other security

12 from any person claiming such property. Such bond or

13 other security shall be conditioned upon such person (i) de14 livering such property to the appropriate court upon order

15 thereof, without any impairment of its value, or (ii) paying

16 the monetary value of such property pursuant to an order

17 of such court. Judgment shall be recoverable on such bond

18 or other security against both the principal and any sure19 ties in the event that any condition thereof is breached, as

20 determined by such court. Nothing in this paragraph may

21 be construed to require the implementing agency, except in

22 such agency’s discretion or pursuant to the order of a court,

23 to release on bond any seized property or the proceeds from

24 the sale thereof.
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1 (2) Except as provided in subsection (e), any property

2 seized under this Act may be sold, subject to regulations

3 promulgated by the implementing agency, for not less than

4 the fair market value thereof. The proceeds of any such sale

5 shall be deposited with such court pending the disposition

6 of the matter involved.

7 (e) DISPOSAL.—Notwithstanding any other provision

8 of law, upon the forfeiture to the United States of any prop9 erty or item described in subsection (a), or upon the aban10 donment or waiver of any claim to any such property or

11 item, it shall be disposed of by the implementing agency

12 in such manner (including but not limited to loan, sale,

13 gift, or destruction), consistent with the purposes of the Act,

14 as may be prescribed by regulation; except that no native

15 mammal, native bird, or native plant may be disposed of

16 by sale to the public.

17 (f) APPLICABILITY.—This section does not apply to a

18 vessel, vehicle, or aircraft owned or operated by the United

19 States in noncommercial service.

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

22 (a) GENERAL RESPONSIBILITY.—The provisions of the

23 Act and of any regulation promulgated or permit issued

24 under this Act shall be enforced by the authorized officers

25 or employees designated by the Director, the Secretary, the
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1 Administrator, the Secretary of the Treasury, the Secretary

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

3 or the Secretary of State. Each such agency may by agree4 ment, on a reimbursable basis or otherwise, utilize the per5 sonnel, services, equipment (including aircraft and vessels),

6 and facilities of any other department or agency of the

7 United States in the performance of such duties.

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

9 United States who is authorized (by an enforcing agency,

10 or the head of any department or agency of the United

11 States which has entered into an agreement with an enforc12 ing agency under subsection (a)) to enforce the provisions

13 of this Act and of any regulation promulgated or permit

14 issued under this Act may—

15 (1) secure, execute, and serve any order, warrant,

16 subpoena, or other process, which is issued under the

17 authority of the United States or by any court of

18 competent jurisdiction;

19 (2) with or without a warrant or other process—

20 (A) search any person, place, vessel, vehicle,

21 or aircraft subject to the provisions of this Act

22 where there are reasonable grounds to believe

23 that evidence of a violation of this Act will be

24 found;
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1 (B) board, and search or inspect, any vessel,

2 vehicle, or aircraft subject to the provisions of

3 this Act;

4 (C) seize any evidence relating to a viola5 tion of this Act;

6 (D) seize any animal, plant, Antarctic min7 eral resource, prohibited product, or prohibited

8 waste, wherever such item may be found, which

9 is or has been recovered, taken, or possessed in

10 violation of this Act;

11 (E) seize any vessel, vehicle, or aircraft sub12 ject to the provisions of this Act (including its

13 gear, furniture, appurtenances, stores and

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

15 used in, or that reasonably appears to have been

16 used in, a violation of this Act;

17 (F) detain for inspection and inspect any

18 package, crate, or other container, including its

19 contents, and all accompanying documents, upon

20 importation into or exportation from the United

21 States; and

22 (G) arrest any person, if such officer or em23 ployee has reasonable cause to believe that such

24 person has committed an act prohibited by sec25 tion 5;
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1 (3) offer and pay a reward to any person who

2 furnishes information which leads to an arrest, con3 viction, civil penalty assessment, permit sanction,

4 compliance order, injunction, or forfeiture of prop5 erty, for any violation of any provision of this Act;

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

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

8 concerning any matter which is related to the enforce9 ment of such a provision; and

10 (5) exercise any other authority which such offi11 cer or employee is permitted by law to exercise.

12 SEC. 21. MISCELLANEOUS ENFORCEMENT PROVISIONS.

13 (a) REGULATIONS.—Each agency that has responsibil14 ity for implementing and enforcing this Act may promul15 gate such regulations as may be appropriate to enforce the

16 provisions of this Act and of any regulations promulgated

17 or permits issued under this Act, and charge reasonable fees

18 for the expenses of the United States incurred in carrying

19 out inspections and in transferring, boarding, handling, or

20 storing animals, plants, Antarctic mineral resources, and

21 any other property seized or forfeited under this Act.

22 (b) BURDEN OF PROOF.—In connection with any ac23 tion alleging a violation of this Act, or implementing regu24 lations, any person claiming the benefit of any exemption

25 or permit shall have the burden of proving that the exemp-
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1 tion applies or that the permit is applicable, has been

2 granted, was valid, and was in force at the time of the al3 leged violation.

4 (c) STATUTE OF LIMITATIONS.—The statute of limita5 tions for initiating an administrative or judicial enforce6 ment proceeding shall begin to run at the time a violation

7 is discovered by any of the authorities listed in section 20

8 and shall run for a period of 5 years.

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

10 pay a civil penalty or criminal fine, the implementing

11 agency may suspend or deny any permit issued to or ap12 plied for by such person. The implementing agency shall

13 reinstate such permit or permit application upon payment

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

15 rate.

16 (e) PAYMENTS OF STORAGE AND OTHER COSTS.—Not17 withstanding any other provision of law, the implementing

18 agency may retain sums it receives as fines, penalties, and

19 forfeitures of property for violations of any provision of this

20 Act, and shall pay from such sums—

21 (1) the reasonable and necessary costs it incurs

22 in connection with the seizure and forfeiture of prop23 erty under this Act, including in providing tem24 porary storage, care, and maintenance of such prop25 erty pending disposition of any civil or criminal pro-
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1 ceeding alleging a violation of any provision of this

2 Act;

3 (2) to a qualifying person any reward offered

4 under section 20;

5 (3) any expenses directly related to investiga6 tions and civil and criminal enforcement proceedings,

7 including any necessary expenses for equipment,

8 training, travel, witnesses, and contracting services

9 directly related to such investigations or proceedings;

10 (4) any valid liens or mortgages against any

11 property that has been forfeited;

12 (5) claims of parties in interest to property dis13 posed of under section 612(b) of the Tariff Act of 1930

14 (19 U.S.C. 1612(b)) or under other provision of the

15 customs laws, as made applicable by this Act to sei16 zures under this Act, in amounts determined by the

17 implementing agency to be applicable to such claims

18 at the time of seizure; and

19 (6) reimbursement to any agency for services

20 performed, or personnel, equipment, or facilities uti21 lized, under any agreement entered into under section

22 20, or any similar agreement authorized by law.

23 (f) PROCEEDINGS UNDER OTHER LAWS.—Legal pro24 ceedings brought under any section of this Act with respect

25 to any act shall not be deemed to preclude proceedings with
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1 respect to such act under any other provision of this Act

2 or any other law.

3 (g) INFORMATION GATHERING AUTHORITY.—For the

4 purposes of enforcing the provisions of this Act, or any per5 mit issued or regulation promulgated under this Act—

6 (1) the implementing agency may require any

7 person who has undertaken activities in Antarctica

8 to—

9 (A) furnish information relating to such

10 person’s activities in Antarctica; or

11 (B) sample any wastes, emissions, dis12 charges, or releases; and

13 (2) the implementing agency or its authorized

14 representative may at reasonable times have access to

15 and copy any records relating to activities in Antarc16 tica, and sample any wastes, emissions, discharges, or

17 releases that such person is required to sample under

18 paragraph (1).

19 SEC. 22. JUDICIAL ACTIONS.

20 A district court of the United States which has juris21 diction over any case or controversy arising under the pro22 visions of this Act may, at any time—

23 (1) enter restraining orders or prohibitions;

24 (2) issue warrants, process in rem, or other proc25 ess;
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1 (3) prescribe and accept satisfactory bonds or

2 other security; and

3 (4) take such other actions as are in the interest

4 of justice.

5 SEC. 23. FEDERAL AGENCY COOPERATION.

6 (a) IN GENERAL.—Each Federal department or agen7 cy whose activities affect Antarctica shall utilize, to the

8 maximum extent practicable, its authorities in furtherance

9 of the purposes of this Act, and shall cooperate with the

10 Director in carrying out the purposes of this Act.

11 (b) CONSULTATION ON CERTAIN REGULATIONS AND

12 PERMITS.—The Director shall consult with the Adminis13 trator with respect to enforcement of regulations promul14 gated under section 7(e), and with respect to determining

15 compliance with the terms and conditions of permits issued

16 under section 6(g)(2).

17 SEC. 24. RELATIONSHIP TO EXISTING INTERNATIONAL

18 AGREEMENTS, STATUTES, REGULATIONS,

19 AND PERMITS.

20 (a) IN GENERAL.—Nothing in this Act shall be con21 strued as contravening or superseding the provisions of any

22 treaty or other international agreement, if such treaty or

23 agreement is in force with respect to the United States on

24 the date of enactment of this Act, or the provisions of any

25 statute except as provided in subsections (b) and (c).
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1 (b) RELATIONSHIP WITH DEEP SEABED HARD MIN2 ERAL RESOURCES ACT.—For purposes of any Antarctic

3 mineral resource, the provisions of this Act prevail over any

4 inconsistent provision of the Deep Seabed Hard Mineral

5 Resources Act (30 U.S.C. 1401 et seq.).

6 (c) REPEAL OF STATUTES.—The Antarctic Conserva7 tion Act of 1978 (16 U.S.C. 2401 et seq.) and the Antarctic

8 Protection Act of 1990 (16 U.S.C. 2461 et seq.) are hereby

9 repealed.

10 (d) SAVINGS PROVISIONS.—(1) All regulations pro11 mulgated under the Antarctic Conservation Act of 1978 (16

12 U.S.C. 2401 et seq.) shall remain in effect until the Direc13 tor, the Secretary, the Administrator, the Secretary of the

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

15 Secretary of State, as the case may be, promulgates super16 seding regulations under sections 7, 8, or 9.

17 (2) All permits issued under the Antarctic Conserva18 tion Act of 1978 (16 U.S.C. 2401 et seq.) shall remain in

19 effect until they expire in accordance with the terms of those

20 permits.

21 SEC. 25. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated $5,000,000 for

23 each of the fiscal years 1994, 1995, and 1996 for the purpose

24 of carrying out this Act.
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