I
103D CONGRESS
1ST SESSION
H. R. 964
To implement the Protocol on Environmental Protection to the Antarctic
Treaty, to enact a prohibition against Antarctic mineral resource activi-
ties, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 18, 1993
Mr. BOUCHER (for himself, Mr. BROWN of California, Mr. WALKER, Mr.
BOEHLERT, Mr. VALENTINE, Mr. BARCIA, Ms. E.B. JOHNSON of Texas,
and Mr. MINGE) introduced the following bill; which was referred jointly
to the Committees on Science, Space, and Technology, Merchant Marine
and Fisheries, Energy and Commerce, and Natural Resources
A BILL
To implement the Protocol on Environmental Protection to
the Antarctic Treaty, to enact a prohibition against Ant-
arctic mineral resource activities, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Antarctic Environ-
mental Protection Act of 1993’’.
SEC. 2. FINDINGS AND POLICY.
Section 2 of the Antarctic Conservation Act of 1978
(16 U.S.C. 2401) is amended—
(1) by striking ‘‘PURPOSE’’ in the section
head and inserting in lieu thereof ‘‘POLICY’’;
(2) in subsection (a)(1)—
(A) by striking ‘‘Agreed Measures for the
Conservation of Antarctic Fauna and Flora,
adopted at the Third Antarctic Treaty Consult-
ative Meeting,’’ and inserting in lieu thereof
‘‘Protocol on Environmental Protection to the
Antarctic Treaty’’;
(B) by inserting ‘‘the comprehensive pro-
tection of the Antarctic environment,’’ after
‘‘firm foundation for’’;
(C) by inserting a comma after ‘‘inter-
national cooperation’’; and
(D) by striking ‘‘and’’ at the end thereof;
(3) by amending subsection (a)(2) to read as
follows:
‘‘(2) the protection of the Antarctic environ-
ment and dependent and associated ecosystems and
the intrinsic value of Antarctica, including its wilder-
ness and aesthetic values and its value as an area
for the conduct of scientific research, in particular
research essential to understanding the global envi-
ronment, should be fundamental considerations in
the planning and conduct of all activities in Antarc-
tica; and’’;
(4) by inserting after subsection (a)(2) the fol-
lowing new paragraph:
‘‘(3) the prohibition of Antarctic mineral re-
source activity will contribute to protection of the
Antarctic environment and dependent and associated
ecosystems by avoiding potential environmental deg-
radation which could result from mineral resource
activities.’’; and
(5) by amending subsection (b) to read as fol-
lows:
‘‘(b) POLICY.—(1) It is the national policy of the
United States that activities in Antarctica be planned and
conducted so as to limit adverse impacts on the Antarctic
environment and dependent and associated ecosystems
and avoid—
‘‘(A) adverse effects on climate or weather pat-
terns;
‘‘(B) significant adverse effects on air or water
quality;
‘‘(C) significant changes in the atmospheric,
terrestrial (including freshwater aquatic), glacial, or
marine environments;
‘‘(D) detrimental changes in the distribution,
abundance, or productivity of species or populations
of species of fauna and flora;
‘‘(E) further jeopardy to endangered or threat-
ened species or populations of such species; and
‘‘(F) degradation of, or substantial risk to,
areas of biological, scientific, historic, aesthetic, or
wilderness significance.
‘‘(2) It is the national policy of the United States that
activities in Antarctica be planned and conducted on the
basis of information sufficient to allow prior assessments
of, and informed judgments about, their possible impacts
on the Antarctic environment and dependent and associ-
ated ecosystems and on the value of Antarctica for the
conduct of scientific research, taking full account of—
‘‘(A) the scope of the activity, including its
area, duration, and intensity;
‘‘(B) the cumulative impacts of the activity,
both by itself and in combination with other activi-
ties in Antarctica;
‘‘(C) whether the activity will detrimentally af-
fect any other activity in Antarctica;
‘‘(D) whether technology and procedures are
available to provide for environmentally safe oper-
ations;
‘‘(E) whether there exists the capacity to mon-
itor key environmental parameters and ecosystem
components so as to identify and provide early warn-
ing of any adverse effects of the activity and to pro-
vide for such modification of operating procedures as
may be necessary in the light of the results of mon-
itoring or increased knowledge of the Antarctic envi-
ronment and dependent and associated ecosystems;
and
‘‘(F) whether there exists the capacity to re-
spond promptly and effectively to accidents, particu-
larly those with potential environmental effects.
‘‘(3) It is the national policy of the United States that
regular and effective monitoring take place to allow assess-
ment of the impacts of ongoing activities in Antarctica,
including the verification of predicted impacts.
‘‘(4) It is the national policy of the United States that
regular and effective monitoring take place to facilitate
early detection of the possible unforeseen effects of activi-
ties carried out both within and outside Antarctica on the
Antarctic environment and dependent and associated
ecosystems.
‘‘(5) It is the national policy of the United States that
activities in Antarctica be planned and conducted so as
to accord priority to scientific research and to preserve
the value of Antarctica as an area for the conduct of such
research, including research essential to understanding the
global environment, and in pursuance of these objectives
to provide in this Act the sole requirements for environ-
mental evaluations relative to United States actions in
Antarctica.
‘‘(6) It is the national policy of the United States that
activities in Antarctica subject to United States jurisdic-
tion take place in a manner consistent with this sub-
section, and be modified, suspended, or canceled if they
result in or threaten to result in impacts upon the Ant-
arctic environment or dependent or associated ecosystems
inconsistent with this subsection.
‘‘(7) It is the national policy of the United States that
Antarctica is a natural reserve, devoted to peace and
science.’’.
SEC. 3. DEFINITIONS.
Section 3 of the Antarctic Conservation Act of 1978
(16 U.S.C. 2402) is amended—
(1) by striking paragraphs (1), (3), (5), (8),
(10), (13), and (16);
(2) by redesignating paragraphs (2), (4), (6),
(7), (9), (11), (12), (14), and (15) as paragraphs
(4), (7), (11), (13), (23), (3), (19), (21), and (22),
respectively, and by reordering those paragraphs ac-
cordingly;
(3) in paragraph (3), as so redesignated by
paragraph (2) of this section—
(A) by inserting ‘‘Antarctic’’ before ‘‘spe-
cially protected’’; and
(B) by striking ‘‘(4)’’ and inserting in lieu
thereof ‘‘(3)’’;
(4) in paragraph (11), as so redesignated by
paragraph (2) of this section, by striking ‘‘, and in-
cludes any part of any such member’’;
(5) in paragraph (13), as so redesignated by
paragraph (2) of this section—
(A) by striking ‘‘, other than any species
regulated by the International Whaling Com-
mission,’’; and
(B) by striking ‘‘, and includes any part of
such member’’;
(6) in paragraph (19), as so redesignated by
paragraph (2) of this section, by striking ‘‘(5)’’ and
inserting in lieu thereof ‘‘(4)’’;
(7) in paragraph (21), as so redesignated by
paragraph (2) of this section—
(A) by striking ‘‘term ‘Treaty’ means’’ and
inserting in lieu thereof ‘‘terms ‘treaty’ and
‘Antarctic Treaty’ mean’’; and
(B) by inserting ‘‘and any recommenda-
tions in effect thereunder’’ after ‘‘December 1,
1959’’;
(8) in paragraph (22), as so redesignated by
paragraph (2) of this section—
(A) by striking ‘‘, including the Govern-
ment of the Northern Mariana Islands’’; and
(B) by inserting ‘‘the Commonwealth of
the Northern Mariana Islands, any other com-
monwealth, territory, or possession of the Unit-
ed States,’’ after ‘‘Guam,’’;
(9) by inserting before paragraph (3), as so re-
designated by paragraph (2) of this section, the fol-
lowing new paragraphs:
‘‘(1) The term ‘Antarctic mineral resource’
means any nonliving natural nonrenewable resource
(or part or product thereof) found in or recovered
from Antarctica, including fossil fuels, rocks, and
minerals, whether metallic or nonmetallic, but the
term does not include ice, water, snow, or any min-
eral resource removed before the date of enactment
of this paragraph.
‘‘(2) The term ‘Antarctic mineral resource ac-
tivity’ means collecting, removing or transporting, or
prospecting for, or exploration or development of, an
Antarctic mineral resource, but does not include
those activities that are undertaken in the course of
and that are directly related to—
‘‘(A) scientific research;
‘‘(B) construction, operation, and mainte-
nance of research stations, field camps, or other
such facilities; or
‘‘(C) providing, and with the advance writ-
ten consent of the recipient institution, an Ant-
arctic mineral resource specimen to a museum
or other institution with a similar public func-
tion.’’;
(10) by inserting after paragraph (4), as so re-
designated by paragraph (2) of this section, the fol-
lowing new paragraphs:
‘‘(5) The term ‘Committee for Environmental
Protection’ means the Committee for Environmental
Protection established pursuant to Article 11 of the
Protocol.
‘‘(6) The term ‘development’ means any activ-
ity, including logistic support, which takes place fol-
lowing exploration, the purpose of which is the ex-
ploitation of antarctic mineral resource deposits, in-
cluding processing, storage, and transport activi-
ties.’’;
(11) by inserting after paragraph (7), as so re-
designated by paragraph (2) of this section, the fol-
lowing new paragraphs:
‘‘(8) The term ‘exploration’ means any activity,
including logistic support, the purpose of which is
the identification or evaluation of specific Antarctic
mineral resource deposits for possible development,
including exploratory drilling, dredging, and other
surface or subsurface evacuations undertaken to de-
termine the nature and size of mineral resource de-
posits and the feasibility of their development.
‘‘(9) The term ‘harmful interference’ means—
‘‘(A) flying or landing helicopters or other
aircraft in a manner that disturbs concentra-
tions of birds and seals;
‘‘(B) using vehicles or vessels, including
hovercraft and small boats, in a manner that
disturbs concentrations of birds and seals;
‘‘(C) using explosives or firearms in a
manner that disturbs concentrations of birds
and seals;
‘‘(D) 
willfully 
disturbing 
breeding 
or
molting birds or concentrations of birds and
seals by persons on foot;
‘‘(E) significantly damaging concentrations
of terrestrial native plants by landing aircraft,
driving vehicles, walking on them, or by other
means; and
‘‘(F) any activity that results in significant
adverse modification of habitats of any native
mammal, native bird, native plant, or native in-
vertebrate.
‘‘(10) The term ‘import’ means to land on or
introduce into, or attempt to land on or introduce
into, any place subject to the jurisdiction of the
United States, including the 12-mile territorial sea
of the United States, whether or not such act con-
stitutes an importation within the meaning of the
customs laws of the United States.’’;
(12) by inserting after paragraph (11), as so
redesignated by paragraph (2) of this section, the
following new paragraph:
‘‘(12) The term ‘native invertebrate’ means any
terrestrial or freshwater invertebrate, at any stage of
its life cycle, which is designated as such by the Di-
rector under section 6(b)(1).’’;
(13) by inserting after paragraph (13), as so
redesignated by paragraph (2) of this section, the
following new paragraphs:
‘‘(14) The term ‘native plant’ means any terres-
trial or freshwater vegetation, including bryophytes,
lichens, fungi, and algae, at any stage of its life
cycle (including seeds and other propagules), which
is designated as such by the Director under section
6(b)(1).
‘‘(15) The term ‘nonnative species’ means any
species of animal or plant which is not native to
Antarctica.
‘‘(16) The term ‘person’ means an individual,
partnership, corporation, trust, association, or other
entity subject to the jurisdiction of the United
States; and any department, agency, or other instru-
mentality of the Federal Government or of any State
or local government, and any officer, employee, or
agent of any such instrumentality.
‘‘(17) The term ‘prospecting’ means any activ-
ity, including logistic support, the purpose of which
is the identification of Antarctic mineral resource
potential for possible exploration and development.
‘‘(18) The term ‘Protocol’ means the Protocol
on Environmental Protection to the Antarctic Trea-
ty, signed October 4, 1991, in Madrid, and all an-
nexes thereto.’’;
(14) by inserting after paragraph (19), as so
redesignated by paragraph (2) of this section, the
following new paragraph:
‘‘(20) The term ‘taking’ means to kill, injure,
capture, handle, or molest a native mammal or na-
tive bird, or to remove or damage such quantities of
native plants that their local distribution or abun-
dance would be significantly affected.’’; and
(15) in paragraph (23), as so redesignated by
paragraph (2) of this section, by inserting ‘‘waste
or’’ before ‘‘pollutant’’.
SEC. 4. PROHIBITED ACTS.
Section 4 of the Antarctic Conservation Act of 1978
(16 U.S.C. 2403) is amended—
(1) in subsection (a)(1), by striking ‘‘United
States citizen’’ and inserting in lieu thereof ‘‘per-
son’’;
(2) by striking subparagraphs (A) through (E)
of subsection (a)(1) and inserting in lieu thereof the
following:
‘‘(A) to engage in any taking or harmful
interference in Antarctica;
‘‘(B) to introduce into Antarctica any
nonnative species;
‘‘(C) to enter any Antarctic specially pro-
tected area; or
‘‘(D) to discharge, dispose of, or otherwise
introduce any waste or pollutant within Antarc-
tica, except as otherwise permitted by the Act
to Prevent Pollution from Ships (33 U.S.C.
1901 et seq.);’’;
(3) in subsection (a)(2) and (3), by striking
‘‘United States citizen wherever located, or any for-
eign person while within the United States,’’ and in-
serting in lieu thereof ‘‘person’’;
(4) in subsection (a)(2), by striking ‘‘collected
in any specially’’ and inserting in lieu thereof ‘‘taken
in any Antarctic’’;
(5) in subsection (a)(3), by striking ‘‘or’’ at the
end;
(6) in subsection (a)(4)—
(A) by striking ‘‘, whether or not a United
States citizen,’’; and
(B) by striking the period at the end and
inserting in lieu thereof a semicolon;
(7) by adding after paragraph (4) the following
new paragraphs:
‘‘(5) for any person to attempt to commit any
action prohibited under this subsection; or
‘‘(6) for any person to—
‘‘(A) engage in, provide assistance (includ-
ing logistic support) to, or knowingly finance
any Antarctic mineral resource activity;
‘‘(B) ship, transport, offer for sale, sell,
purchase, import, export, or have custody, con-
trol, or possession of any Antarctic mineral re-
source which that person knows, or reasonably
should have known, was recovered or otherwise
possessed as a result of Antarctic mineral re-
source activity, without regard to the citizenship
of the person that engaged in, or the vessel
used in engaging in, the Antarctic mineral re-
source activity;
‘‘(C) refuse to permit any authorized offi-
cer or employee of the United States to board
a vessel, vehicle, or aircraft subject to the provi-
sions of this Act for purposes of conducting any
search or inspection in connection with the en-
forcement of this Act or any regulations pro-
mulgated pursuant to this Act;
‘‘(D) forcibly assault, resist, oppose, im-
pede, intimidate, or interfere with any author-
ized officer or employee of the United States in
the conduct of any search or inspection de-
scribed in subparagraph (C);
‘‘(E) resist a lawful arrest or detention for
any act prohibited by this section; or
‘‘(F) interfere with, delay, or prevent, by
any means, the apprehension, arrest, or deten-
tion of another person, knowing that such other
person has committed any act prohibited by this
section.’’; and
(8) in the last sentence of subsection (a)—
(A) by striking the comma after ‘‘commit-
ted’’; and
(B) by striking ‘‘to prevent the loss of
human life’’ and inserting in lieu thereof ‘‘in-
volving the safety of human life, of ships, of air-
craft, or of equipment or facilities of high value,
or involving the protection of the environment’’.
SEC. 5. PERMITS.
Section 5 of the Antarctic Conservation Act of 1978
(16 U.S.C. 2404) is amended—
(1) in subsection (a), by striking ‘‘otherwise
prohibited by’’ and inserting in lieu thereof ‘‘as de-
scribed in’’;
(2) in subsection (c)(1)(B)—
(A) by inserting ‘‘native invertebrate,’’
after ‘‘native bird,’’; and
(B) by striking ‘‘Endangered Special Act’’
and inserting in lieu thereof ‘‘Endangered Spe-
cies Act’’;
(3) in subsection (c)(3), by inserting ‘‘native in-
vertebrate,’’ after ‘‘native bird,’’;
(4) in subsection (e) by inserting ‘‘FOR
TAKINGS, HARMFUL INTERFERENCE, AND INTRO-
DUCTION OF NONNATIVE SPECIES’’ after ‘‘CONDI-
TIONS OF PERMITS’’;
(5) in subsection (e)(1), by striking ‘‘section
shall’’ and inserting in lieu thereof ‘‘section author-
izing a taking or harmful interference or the intro-
duction of a nonnative species shall specify’’;
(6) in subsection (e)(1)(A), by striking ‘‘, speci-
fy’’;
(7) in subsection (e)(1)(A)(i), by inserting ‘‘na-
tive invertebrates,’’ after ‘‘native birds,’’;
(8) by amending subsection (e)(1)(A)(ii) to read
as follows:
‘‘(ii) if a taking or harmful interference is
authorized, the manner in which such action
must be accomplished (which manner must be
determined by the Director to involve the least