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to implement, with respect to any person, paragraph 5 of
Article VII of the Treaty, pertaining to the filing of ad-
vance notifications of expeditions to and within Antarctica,
including a requirement for such person to describe how
he or she plans to comply with any regulations promul-
gated under subsection (h) of this section.
(h) REGULATIONS WITH RESPECT TO CONTINGENCY
PLANNING AND RESPONSE ACTION.—
(1) The Secretary of the Department in which
the Coast Guard is operating, in addition to the reg-
ulations specified in section 9, shall promulgate with
the concurrence of the Director, such regulations as
are necessary and appropriate to implement the pro-
visions of Article 15 of the Protocol with respect to
vessels.
(2) The Director shall promulgate such regula-
tions as are necessary and appropriate to implement
the provisions of Article 15 of the Protocol with re-
spect to land areas and ice shelves in Antarctica.
(i) RESIDUAL REGULATORY AUTHORITY
OF
THE
SECRETARY OF THE DEPARTMENT IN WHICH THE COAST
GUARD IS OPERATING.—In addition to the specific au-
thority set forth in subsection (h) of this section and in
section 9, the Secretary of the Department in which the
Coast Guard is operating may promulgate such regula-
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tions relating to marine pollution in Antarctica as the Sec-
retary of said Department deems necessary and appro-
priate to implement the provisions of the Protocol, includ-
ing but not limited to regulations which address a situa-
tion not covered by the annexes to the Protocol or in which
a more rigorous or supplemental requirement is necessary.
(j) TIME PERIOD FOR REGULATIONS.—The regula-
tions to be promulgated under subsections (c) and (g) of
this section shall be promulgated within twenty-four
months after the date of enactment of this Act. The regu-
lations to be promulgated under subsection (e) of this sec-
tion shall be promulgated within thirty-six months after
the date of enactment of this Act.
SEC. 7. ENVIRONMENTAL IMPACT ASSESSMENT
(a) FEDERAL ACTIVITIES.—
(1)(A) It is the intent of Congress to implement
United States obligations under Article 8 of and
Annex I to the Protocol by applying the National
Environmental Policy Act (42 U.S.C. 4321 et seq.)
to proposals for Federal agency activities in Antarc-
tica, as specified in this section.
(B) The obligations contained in section
102(2)(C) of the National Environmental Policy Act
(42 U.S.C. 4332(2)(C)) shall apply to proposals for
Federal agency activities occurring in Antarctica and
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affecting the quality of the human environment in
Antarctica or dependent or associated ecosystems, as
specified in this section.
(2)(A) Unless an agency which proposes to con-
duct a federal activity in Antarctica determines that
the activity will have less than a minor or transitory
impact, or unless a comprehensive environment eval-
uation is being prepared in accordance with para-
graph (2)(C) of this subsection, the agency shall pre-
pare an initial environmental evaluation, in accord-
ance with Article 2 of Annex I to the Protocol.
(B) If the agency determines, through the prep-
aration of the initial environmental evaluation, that
the proposed federal activity is likely to have a
minor or transitory impact, the activity may proceed
if appropriate procedures are put in place to assess
and verify the impact of the activity.
(C) If the agency determines, through the prep-
aration of the initial environmental evaluation or
otherwise, that a proposed Federal activity is likely
to have more than a minor or transitory impact, the
agency shall prepare a comprehensive environmental
evaluation in accordance with Article 3 of Annex I
to the Protocol, and shall make such comprehensive
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environmental evaluation publicly available for com-
ment.
(3) Any agency decision under this section on
whether a proposed Federal activity, to which para-
graph (2)(C) of this subsection applies, should pro-
ceed, and, if so, whether in its original or in a modi-
fied form, shall be based on the comprehensive envi-
ronmental evaluation as well as other considerations
which the agency, in the exercise of its discretion,
deems relevant.
(4) For the purposes of this section:
(A) the term ‘‘Federal activity’’ includes,
but is not limited to, activities conducted under
a Federal agency research program in Antarc-
tica, whether or not conducted by a Federal
agency; and
(B) activities that may have a ‘‘signifi-
cant’’ impact, within the meaning of section
102(2)(C) of the National Environmental Policy
Act (42 U.S.C. 4332(2)(C)), are deemed to fall
within the category of activities that are likely
to have ‘‘more than a minor or transitory im-
pact’’.
(b) FEDERAL ACTIVITIES CARRIED OUT JOINTLY
WITH FOREIGN GOVERNMENTS.—
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(1) For the purposes of this subsection, ‘‘Ant-
arctic joint activity’’ means any Federal activity in
Antarctica which is proposed to be conducted, or
which is conducted, jointly or in cooperation with
one or more foreign governments, as defined in regu-
lations promulgated by such agencies as the Presi-
dent may designate.
(2) Where the Secretary of State, in coopera-
tion with the lead United States agency planning an
Antarctic joint activity and with the other govern-
ment or governments involved, determines that a
government other than the United States, which has
signed or acceded to the Protocol, is coordinating
the implementation of environmental impact assess-
ment procedures for that activity, the requirements
of subsection (a) of this section shall not apply in re-
spect of that activity.
(3) Determinations under paragraph (2) of this
subsection, and agency actions and decisions in con-
nection with assessments of impacts of Antarctic
joint activities, shall not be subject to judicial re-
view.
(c) NONGOVERNMENTAL ACTIVITIES.—
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(1) The Administrator shall, within twenty-four
months after the date of enactment of this Act, pro-
mulgate regulations to provide for—
(A) the environmental impact assessment
of nongovernmental activities, including tour-
ism, for which the United States is required to
give advance notice under paragraph 5 of Arti-
cle VII of the Treaty; and
(B) coordination of the review of informa-
tion regarding environmental impact assessment
received from other Parties under the Protocol.
(2) Such regulations shall be consistent with
the provisions of Annex I to the Protocol.
(d) DECISION TO PROCEED.—
(1) No decision shall be taken to proceed with
an activity for which a comprehensive environmental
evaluation is prepared under this section unless
there has been an opportunity for consideration of
the draft comprehensive environmental evaluation at
an Antarctic Treaty Consultative Meeting, provided
that no decision to proceed with a proposed activity
shall be delayed through the operation of this sub-
section for more than fifteen months from the date
of circulation of the draft comprehensive environ-
mental evaluation.
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(2) The Secretary of State shall circulate the
final comprehensive environmental evaluation, in ac-
cordance with Article 3(6) of Annex I to the Proto-
col, at least sixty days before the commencement of
the activity in Antarctica.
(e) CASES OF EMERGENCY.—The requirements set
out in this section, and in regulations promulgated under
it, shall not apply in cases of emergency relating to the
safety of human life or of ships, aircraft, or equipment
and facilities of high value, or the protection of the envi-
ronment, which require an activity to be undertaken with-
out fulfilling these requirements.
(f) JUDICIAL REVIEW.—Agency compliance with sub-
section (a) of this section shall be reviewable under sec-
tions 701 and the following of title 5, subject to the provi-
sions of subsection (b)(3) of this section.
(g) REPORTING.—The Secretary of State and the Ad-
ministrator shall report annually to the Congress regard-
ing implementation of this section. Their reports shall in-
clude information provided under Article 6 of Annex I to
the Protocol, copies of all comprehensive environmental
evaluations circulated and all public comments received,
as well as descriptions of any Antarctic joint activities and
the environmental impact documentation associated there-
with.
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(h) EXCLUSIVE MECHANISM.—Notwithstanding any
other provision of law, the requirements of the National
Environmental Policy Act as specified in this section shall
constitute the sole and exclusive statutory obligations of
the Federal agencies with regard to assessing the environ-
mental impacts of proposed Federal activities occurring in
Antarctica.
(i) DECISIONS ON PERMIT APPLICATIONS.—The pro-
visions of this section requiring environmental impact as-
sessments (including initial environmental evaluations and
comprehensive environmental evaluations) shall not apply
to permitting decisions under section 5.
SEC. 8. MONITORING.
The Director, in consultation with the Administrator,
shall promulgate such regulations as are necessary and ap-
propriate, in accordance with Article 8 of and Annex I
to the Protocol, to provide for procedures to assess and
verify the impact over time of any activity that proceeds
following the completion of a comprehensive environmental
evaluation and, as appropriate, the impact over time of
activities that proceed after a determination that they are
likely to have no more than a minor or transitory impact.
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SEC. 9. MARINE POLLUTION—AMENDMENTS TO THE ACT
TO PREVENT POLLUTION FROM SHIPS, 33
U.S.C. 1901 AND THE FOLLOWING.
(a) REFERENCES.—All references in this section to
amendment or repeal mean amendment or repeal of a sec-
tion, subsection, or provision of the Act to Prevent Pollu-
tion from Ships (33 U.S.C. 1901 et seq.).
(b) DEFINITIONS.—Subsection (a) of section 1901 of
title 33 is amended—
(1) in paragraph (8) by striking ‘‘and’’ after
the semicolon;
(2) in paragraph (9) by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraphs:
‘‘(10) ‘Antarctica’ means the area south of sixty
degrees south latitude; and
‘‘(11) ‘Antarctic Protocol’ means the Protocol
on Environmental Protection to the Antarctic Trea-
ty, signed October 4, 1991, in Madrid, and all an-
nexes thereto, and includes any future amendments
thereto which have entered into force.’’
(c) APPLICATION OF ANNEX IV OF THE PROTOCOL
ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC
TREATY.—Section 1901 of title 33 is further amended by
adding a new subsection (c) as follows:
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‘‘(c) For the purposes of this chapter, the require-
ments of Annex IV of the Antarctic Protocol shall apply
in Antarctica to all vessels over which the United States
has jurisdiction, except for vessels listed in 33 U.S.C.
1902(b).’’
(d) ADMINISTRATION.—Subsection (a) of section
1903 of title 33 is amended by inserting in the first sen-
tence ‘‘, Annex IV to the Antarctic Protocol’’ after ‘‘the
MARPOL Protocol’’.
(e) REGULATIONS.—Subsection (b)(1) of section
1903 of title 33 is amended by inserting ‘‘, Annex IV to
the Antarctic Protocol’’ after ‘‘the MARPOL Protocol’’.
(f) VIOLATIONS.—
(1) Subsection (a) of section 1907 of title 33 is
amended by inserting in the first sentence ‘‘, Annex
IV to the Antarctic Protocol’’ after ‘‘the MARPOL
Protocol’’.
(2) Subsection (b) of section 1907 of title 33 is
amended by striking the fourth and fifth sentences
and replacing them with the following: ‘‘With respect
to the MARPOL Protocol, upon completion of the
investigation, the Secretary shall take the action re-
quired by the MARPOL Protocol and whatever fur-
ther actions he or she considers appropriate under
the circumstances. If the initial evidence was pro-
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vided by a party to the MARPOL Protocol, the Sec-
retary, acting through the Secretary of State, shall
inform that party of the action taken or proposed.
With respect to Annex IV to the Antarctic Protocol,
upon completion of the investigation, the Secretary
shall take any actions required by the Antarctic Pro-
tocol and whatever further actions he or she consid-
ers appropriate under the circumstances.’’
(g) PENALTIES.—Section 1908 of title 33 is amend-
ed—
(1) in subsection (a) by inserting ‘‘Annex IV to
the Antarctic Protocol,’’ after ‘‘the MARPOL Proto-
col,’’;
(2) in subsection (b) by inserting ‘‘Annex IV to
the Antarctic Protocol,’’ after ‘‘the MARPOL Proto-
col,’’ in both paragraphs (1) and (2);
(3) in subsection (d) by inserting ‘‘Annex IV to
the Antarctic Protocol,’’ after ‘‘the MARPOL Proto-
col,’’.
SEC. 10. REPRESENTATIVE TO THE COMMITTEE FOR ENVI-
RONMENTAL PROTECTION.
(a) The Secretary of State with the concurrence of
the Administrator, the Director and the Secretary, shall
designate an officer or employee of the United States to
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be the United States representative to the Committee for
Environmental Protection.
(b) The officer or employee designated shall have the
technical qualifications necessary to serve in this capacity.
(c) The United States representative shall receive no
additional compensation by reason of service as such rep-
resentative.
SEC. 11. OVERSIGHT.
(a) REPORT AND ON-SITE INSPECTIONS.—
(1) The Secretary of State in conjunction with
the Administrator and the Secretary, shall, at appro-
priate intervals of between two and five years, con-
duct an inspection of the United States Antarctic
Program, including on-site inspections of stations,
field camps, and operations, and review of any other
relevant information, including information received
from the Director, with a view to examining the
overall compliance of the United States Antarctic
Program with this Act and the Protocol.
(2) The inspection of the United States Ant-
arctic Program shall be conducted by a team des-
ignated by the Secretary of State, the Administrator,
and the Secretary. The team shall comprise no more
members than are necessary and appropriate to
carry out its mandate, and shall include technically
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qualified experts, both governmental and non-gov-
ernmental.
(3) The National Science Foundation shall pro-
vide all transportation and logistical support nec-
essary to allow the team to conduct the on-site in-
spections in Antarctica, and shall cooperate to the
fullest extent possible in meeting requests for docu-
ments, other information, and assistance necessary
for the inspection team to carry out its work. The
costs of transportation to and from Antarctica shall
be borne by the Department of State, the Environ-
mental Protection Agency, and the Department of
Commerce.
(4) The inspection team shall prepare a draft
report which documents its findings on the compli-
ance of the United States Antarctic Program with
the provisions of this Act and the Protocol, shall
specify any examples of failures of compliance, and
shall make recommendations. The inspection team
shall provide the draft report to the Director for re-
view and comment for a period not to exceed one
hundred and twenty days.
(b) PUBLICATION.—The final report of the inspection
team, including any comments by the Director, shall
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promptly be made public. The Director shall publish notice
of the report and the response in the Federal Register.
SEC. 12. STUDY OF ANTARCTIC TOURISM.
The Department of State shall coordinate an inter-
agency study of tourism in Antarctica (including rec-
ommendations where appropriate) to determine whether
or not additional measures should be taken with respect
to Antarctic tourist activities. This study shall be com-
pleted within twenty-four months after the date of enact-
ment of this Act.
SEC. 13. RULEMAKING AND PETITION FOR REGULATIONS.
(a) RULEMAKING.—Promulgation of regulations
under this Act shall be in accordance with section 553 of
title 5.
(b) PETITION FOR REGULATIONS.—Any person may
petition the implementing agency for the promulgation,
amendment, or repeal of any regulation under this Act
within its authority. Within one hundred and eighty days
of receipt of such a petition, the implementing agency shall
grant or deny the petition. If the petition is denied, the
implementing agency shall provide notice of such denial
and the reasons therefor. If the petition is granted, the
final regulations shall be promulgated within twenty-four
months of the granting of the petition.
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SEC. 14. JUDICIAL REVIEW AND CITIZEN SUITS.
(a) JUDICIAL REVIEW.—Any judicial review of final
regulations promulgated under this Act, of the denial of
any petition for the promulgation, amendment, or repeal
of any regulation under this Act, or of any final agency
action on any permit under section 5 shall be in accord-
ance with sections 701 through 706 of title 5, except
that—
(1) any petition for such review may be filed
only in the United States Court of Appeals for the
District of Columbia;
(2) such petition shall be filed within thirty
days from the date of notice of final agency action;
(3) action with respect to which review could
have been obtained under this section shall not be
subject to judicial review in any civil or criminal pro-
ceeding for enforcement;
(4) only an objection which was raised with rea-
sonable specificity during the period for public com-
ment may be raised during judicial review; and
(5) the filing of a petition for reconsideration
shall not postpone the effectiveness of any regula-
tion.
(b) CITIZENS’ SUITS.—
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(1) Except as provided in paragraph (2) of this
subsection, any person may commence a civil action
under this subsection on his or her own behalf—
(A) against any person (including (i) the
United States, and (ii) any other governmental
instrumentality or agency to the extent per-
mitted by the Eleventh Amendment to the Con-
stitution) who is alleged to have violated any
permit, regulation, or prohibition which has be-
come effective under this Act: Provided, That
no such action may be brought against any in-
dividual, grantee, or grantee institution based
on an alleged violation committed while the in-
dividual, grantee, or grantee institution was en-
gaged in scientific research in Antarctica in
connection with a Federal agency program of
research in Antarctica; and
(B) against the implementing agency
where there is alleged a failure of the imple-
menting agency to perform any action which,
under section 6(j), section 7(c)(1), or section
13(b) is not discretionary with the implement-
ing agency.
The United States District Court for the District of
Columbia shall have jurisdiction, without regard to
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the amount in controversy or the citizenship of the
parties, to enforce such a permit, regulation, or pro-
hibition, or to order the implementing agency to per-
form such act or duty, as the case may be, and, with
respect to actions under subparagraph (A) of this
paragraph, shall have jurisdiction to impose appro-
priate civil penalties not to exceed $50,000 per day
for each violation, taking into account the factors in
section 16(b). The United States District Court for
the District of Columbia shall have jurisdiction to
compel (consistent with subparagraph (B) of this
paragraph) agency action unreasonably delayed. In
any such action for unreasonable delay, notice to the
implementing agency shall be provided one hundred
and eighty days before commencing such action.
(2) No action may be commenced—
(A) under paragraph (1)(A) of this sub-
section—
(i) prior to sixty days after the plain-
tiff has given notice of the alleged violation
to the implementing agency and to any al-
leged violator of the permit, regulation, or
prohibition; or
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(ii) if the implementing agency has
commenced and is diligently prosecuting
an enforcement action; or
(B) under paragraph (1)(B) of this sub-
section, prior to sixty days after the plaintiff
has given notice of such action to the imple-
menting agency.
Notice under this paragraph shall be given in such
manner as the implementing agency shall prescribe
by regulation.
(3) Any person may request the implementing
agency to commence an action against any individ-
ual, grantee, or grantee institution who is alleged to
have violated any permit, regulation, or prohibition
which has become effective under this Act, while the
individual, grantee, or grantee institution was en-
gaged in scientific research in Antarctica in connec-
tion with a Federal agency program of research in
Antarctica. A copy of such request shall be given to
the alleged violator. Within sixty days after such re-
quest is made to the implementing agency, the im-
plementing agency shall either—
(A) commence an action against the al-
leged violator; or
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the Attorney General and the implementing agency
during which time the Government may submit its
comments on the proposed consent judgment to the
court and parties or may intervene as a matter of
right.
(6) Nothing in this subsection shall restrict any
right which any person or class of person may have
under any statute or common law to seek enforce-
ment of any permit, regulation, or prohibition, or to
seek any other relief.
(c) COSTS OF LITIGATION.—In any judicial proceed-
ing under this section, the court may award costs of litiga-
tion (including reasonable attorney and expert witness
fees) to any prevailing or substantially prevailing party
whenever the court determines that such award is appro-
priate. The court may, if a temporary restraining order
or preliminary injunction is sought, require the filing of
a bond or equivalent security in accordance with the Fed-
eral Rules of Civil Procedure.
(d) FEDERAL COMPLIANCE AND WAIVER OF SOV-
EREIGN IMMUNITY.—
(1) Each department, agency, and instrumen-
tality of the executive, legislative, and judicial
branches of the Federal Government (i) having juris-
diction over any facility or site in Antarctica, or (ii)
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engaged in any activity pursuant to the Protocol,
this Act or any regulation promulgated or permit is-
sued hereunder, shall be subject to, and comply with,
all Federal requirements, both substantive and pro-
cedural (including any requirement for permits or
reporting or any provisions for injunctive relief and
such sanctions as may be imposed by a court to en-
force such relief), respecting compliance with this
Act and any regulation promulgated or permit is-
sued hereunder, in the same manner and to the
same extent, as any person is subject to such re-
quirements, including the payment of reasonable
service charges. The Federal substantive and proce-
dural requirements referred to in this paragraph in-
clude, but are not limited to, all administrative or-
ders and all civil and administrative penalties and
fines, regardless of whether such penalties or fines
are punitive or coercive in nature or are imposed for
isolated, intermittent, or continuing violations. The
United States hereby expressly waives any immunity
otherwise applicable to the United States with re-
spect to any such substantive or procedural require-
ment (including, but not limited to, any injunctive
relief, administrative order or civil or administrative
penalty or fine referred to in the preceding sentence,
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or reasonable service charge). The reasonable service
charges referred to in this paragraph include, but
are not limited to, fees or charges assessed in con-
nection with the processing and issuance of permits,
renewal of permits, amendments to permits, review
of plans, studies, and other documents, and inspec-
tion and monitoring of facilities.
(2) Neither the United States, nor any agent,
employee, or officer thereof, shall be immune or ex-
empt from any process or sanction of any Federal
court with respect to the enforcement of any such
injunctive relief. No agent, employee, or officer of
the United States shall be personally liable for any
civil penalty under any section of this Act with re-
spect to any act or omission within the scope of the
official duties of the agent, employee, or officer. An
agent, employee, or officer of the United States shall
be subject to any criminal sanction (including, but
not limited to, any fine or imprisonment) under any
Federal law, but no department, agency, or instru-
mentality of the Federal Government shall be sub-
ject to any such sanction. The President may ex-
empt any Antarctic facility or activity of any depart-
ment, agency, or instrumentality in the executive
branch from compliance with such a requirement if
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he determines it to be in the paramount interest of
the United States to do so. No such exemption shall
be granted due to lack of appropriation unless the
President shall have specifically requested such ap-
propriation as a part of the budgetary process and
the Congress shall have failed to make available such
requested appropriation. Any exemption shall be for
a period not in excess of one year, but additional ex-
emptions may be granted for periods not to exceed
one year upon the President’s making a new deter-
mination. The President shall report each January
to the Congress all exemptions from the require-
ments of this section granted during the preceding
calendar year, together with his or her reason for
granting each such exemption.
SEC. 15. ADMINISTRATIVE ENFORCEMENT.
(a) ADMINISTRATIVE COMPLIANCE ORDERS.—
(1) Whenever, on the basis of any information,
the implementing agency determines that any person
has violated or is in violation of any requirement of
this Act, or any permit issued or regulation promul-
gated under this Act, such agency may, after notice
and opportunity for a hearing in accordance with
subsection (c) of this section, issue an order requir-
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ing compliance immediately or within a specified
time period, or both.
(2) Upon the failure of any person against
whom a compliance order is issued to take corrective
action within the time specified in the order, and
after notice and an opportunity for a hearing in ac-
cordance with subsection (c) of this section, the im-
plementing agency may request the Attorney Gen-
eral to institute a civil action in either the United
States District Court for the District of Columbia or
for any district in which such person is found, re-
sides or transacts business to enforce such order.
(b) ASSESSMENT OF PENALTIES.—
(1) Any person who is found by the implement-
ing agency, after notice and opportunity for a hear-
ing in accordance with subsection (c) of this section,
to have committed any act prohibited by section 4
shall be liable to the United States for a civil pen-
alty. The amount of the civil penalty shall not exceed
$50,000 for each violation. Each day of a continuing
violation shall constitute a separate offense. The
amount of such civil penalty shall be assessed by
written notice. In determining the amount of such
penalty, the implementing agency shall take into ac-
count the nature, circumstances, extent, and gravity
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of the prohibited acts committed, and, with respect
to the violator, the degree of culpability, any history
of prior offenses, any economic benefit derived from
the violation, and such other matters as justice may
require, to the extent such information is reasonably
available to the implementing agency.
(2) The implementing agency may compromise,
modify, or remit, with or without conditions, any
civil penalty which is subject to imposition or which
has been imposed under this section.
(c) HEARINGS.—Hearings for administrative actions
under this section shall be conducted in accordance with
section 554 of title 5. For the purposes of conducting any
such hearing, the implementing agency may issue subpoe-
nas for the attendance and testimony of witnesses and the
production of relevant papers, books, and documents, and
may administer oaths. Witnesses summoned shall be paid
the same fees and mileage that are paid to witnesses in
the courts of the United States. In case of contempt or
refusal to obey a subpoena served upon any person under
this subsection, the district court of the United States for
any district in which such person is found, resides, or
transacts business, upon application by the United States
and after notice to such person, shall have jurisdiction to
issue an order requiring such person to appear and give
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testimony before the implementing agency or to appear
and produce documents before the implementing agency,
or both, and any failure to obey such order of the court
may be punished by such court as a contempt thereof.
(d) REVIEW
OF ADMINISTRATIVE ACTIONS.—Any
person against whom an administrative action has been
taken under this section may obtain review thereof in the
United States District Court for the District of Columbia
by filing a complaint in such court within thirty days from
the date of such order and by simultaneously sending a
copy of such complaint, by certified mail to the implement-
ing agency, the Attorney General and the appropriate
United States Attorney. The implementing agency shall
promptly file in such court a certified copy of the record
upon which the violation was found or such penalty im-
posed, as provided in section 2112 of title 28. Such court
shall not set aside or remand such order unless there is
not substantial evidence in the record, taken as a whole,
to support the finding of a violation or unless the imple-
menting agency’s assessment of the penalty constitutes an
abuse of discretion. In any such proceeding, the United
States may seek to recover the civil penalty assessed under
this section.
(e) ACTION UPON FAILURE TO PAY ASSESSMENT.—
If any person fails to pay an assessment of a civil penalty
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after it has become a final and unappealable order, or
after the court has entered final judgment in favor of the
implementing agency, the implementing agency shall re-
quest the Attorney General of the United States to bring
a civil action to recover the amount assessed in any appro-
priate district court of the United States. In such action,
the validity and appropriateness of the final order impos-
ing the civil penalty shall not be subject to review.
(f) IN REM JURISDICTION.—Any vessel, vehicle or
aircraft (including its gear, furniture, appurtenances,
stores, and cargo) used in the commission of an act pro-
hibited by section 4 shall be liable in rem for any civil
penalty assessed for such violation under this section and
may be proceeded against in any district court of the Unit-
ed States having jurisdiction thereof. Such penalty shall
constitute a maritime lien on such vessel which may be
recovered in an action in rem in the district court of the
United States having jurisdiction over the vessel.
SEC. 16. CIVIL JUDICIAL ENFORCEMENT.
(a) CIVIL JUDICIAL ENFORCEMENT.—Whenever, on
the basis of any information, the implementing agency de-
termines that a person has violated or is in violation of
any requirement of this Act or any permit issued or regu-
lation promulgated under this Act, such agency may re-
quest the Attorney General to commence a civil action in
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either the United States District Court for the District
of Columbia, or for any district in which such person is
found, resides, or transacts business, for appropriate re-
lief, including a temporary or permanent injunction or to
assess and recover a civil penalty not to exceed $50,000
per day for each past or ongoing violation, or both. Each
day of a continuing violation shall constitute a separate
offense.
(b) 
FACTORS
CONSIDERED
IN
DETERMINING
AMOUNT.—In determining the amount of such penalty,
the court shall take into account the nature, cir-
cumstances, extent, and gravity of the prohibited acts
committed, and, with respect to the violator, the degree
of culpability, any history of prior offenses, any economic
benefit derived from the violation, and such other matters
as justice may require.
(c) IMMINENT HAZARD.—Notwithstanding any other
provision of this Act, upon receipt of evidence that a per-
son’s past or present activities may present an imminent
and substantial endangerment to human health or the en-
vironment in Antarctica, the Director, in consultation with
the Administrator, may request the Attorney General to
bring suit on behalf of the United States in either the
United States District Court for the District of Columbia,
or for any district in which such person is found, resides,
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or transacts business, against any person who has contrib-
uted to or who is contributing to such activities to restrain
such person from such activities, to order such person to
take other action as may be necessary, or both. The Direc-
tor, in consultation with the Administrator, may also take
other action under this section, including but not limited
to issuing such orders as may be necessary to protect
human health or the environment in Antarctica, and un-
dertaking corrective action and recovering costs of such
action.
SEC. 17. CRIMINAL OFFENSES.
(a) OFFENSES.—Any person who knowingly commits
any act prohibited by section 4 shall, upon conviction, be
punished by a fine of not more than $50,000 per day of
the violation, or by imprisonment for not more than five
years, or by both; except that if in the commission of any
such offense the person uses a dangerous weapon, engages
in conduct that causes bodily injury to any officer or em-
ployee of the United States carrying out the powers speci-
fied in section 19(b)(1), or places any such officer or em-
ployee in fear of imminent bodily injury, the maximum
fine shall be as provided in title 18 and the maximum im-
prisonment shall be ten years. Each day of a continuing
violation shall constitute a separate offense. If a conviction
of a person is for a violation committed after a first con-
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viction of such person under this paragraph, the maximum
punishment shall be doubled with respect to both fine and
imprisonment.
(b) FEDERAL JURISDICTION.—There is Federal ju-
risdiction over any offense described in subsection (a) of
this section.
(c) OTHER CRIMINAL OFFENSES.—Nothing in this
Act shall be construed to limit the jurisdiction of the Unit-
ed States over other criminal offenses which may occur
in Antarctica.
SEC. 18. CIVIL FORFEITURE.
(a) IN GENERAL.—Any vessel, vehicle or aircraft (in-
cluding its gear, furniture, appurtenances, stores and
cargo), and any guns, traps, and other equipment used,
and any animal, plant, Antarctic mineral resource (or the
fair market value thereof), or other property recovered,
taken, or possessed, in any manner, including any pro-
ceeds thereof, in connection with or as a result of the com-
mission of any act prohibited by section 4 shall be subject
to forfeiture to the United States. All or part of such ves-
sel, vehicle or aircraft may, and all of any such animal,
plant, or Antarctic mineral resource (or fair market value
thereof), shall be forfeited to the United States pursuant
to a civil proceeding under this section.
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(b) JURISDICTION OF DISTRICT COURTS.—Any dis-
trict court of the United States shall have jurisdiction,
upon application by the Attorney General on behalf of the
United States, to order any forfeiture authorized under
subsection (a) of this section and any action provided for
under subsection (d) of this section.
(c) JUDGMENT.—If a judgment is entered for the
United States in a civil forfeiture proceeding under this
section, the Attorney General may seize any property or
other interest declared forfeited to the United States,
which has not previously been seized under this Act or
for which security has not previously been obtained under
subsection (d) of this section. The provisions of the cus-
toms laws relating to—
(1) the seizure, forfeiture, and condemnation of
property for violation of the customs law;
(2) the disposition of such property or the pro-
ceeds from the sale thereof; and
(3) the remission or mitigation of any such for-
feiture;
shall apply to seizures and forfeitures incurred, or alleged
to have been incurred, under the provisions of this Act,
unless such customs law provisions are inconsistent with
the purposes, policy, and provisions of this Act, except
that all powers, rights, and duties conferred or imposed
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by the customs laws upon any officer or employee of the
Customs Services shall, for the purposes of this Act, be
exercised or performed by the implementing agency.
(d) PROCEDURE.—
(1) Any officer authorized to serve any process
in rem which is issued by a court under this Act
shall—
(A) stay the execution of such process; or
(B) discharge any property seized pursuant
to such process;
upon the receipt of a satisfactory bond or other se-
curity from any person claiming such property. Such
bond or other security shall be conditioned upon
such person (i) delivering such property to the ap-
propriate court upon order thereof, without any im-
pairment of its value, or (ii) paying the monetary
value of such property pursuant to an order of such
court. Judgment shall be recoverable on such bond
or other security against both the principal and any
sureties in the event that any condition thereof is
breached, as determined by such court. Nothing in
this paragraph may be construed to require the im-
plementing agency, except in such agency’s discre-
tion or pursuant to the order of a court, to release
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on bond any seized property or the proceeds from
the sale thereof.
(2) Except as provided in subsection (e) of this
section, any property seized under this Act may be
sold, subject to regulations promulgated by the im-
plementing agency, for not less than the fair market
value thereof. The proceeds of any such sale shall be
deposited with such court pending the disposition of
the matter involved.
(e) DISPOSAL.—Notwithstanding any other provision
of law, upon the forfeiture to the United States of any
property or item described in subsection (a) of this section,
or upon the abandonment or waiver of any claim to any
such property or item, it shall be disposed of by the imple-
menting agency in such manner (including, but not limited
to loan, sale, gift or destruction), consistent with the pur-
poses of the Act, as may be prescribed by regulation; ex-
cept that no native mammal, native bird, or native plant
may be disposed of by sale to the public.
SEC. 19. POWERS OF AUTHORIZED ENFORCEMENT OFFI-
CERS AND EMPLOYEES.
(a) GENERAL RESPONSIBILITIES.—The provisions of
the Act and of any regulation promulgated or permit is-
sued under this Act shall be enforced by the authorized
officers or employees designated by the Director, the Sec-
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retary, the Administrator, the Secretary of the Treasury,
the Secretary of the department in which the Coast Guard
is operating or the Secretary of State. Each such agency
may by agreement, on a reimbursable basis or otherwise,
utilize the personnel, services, equipment (including air-
craft and vessels) and facilities of any other department
or agency of the United States in the performance of such
duties.
(b) SPECIFIC POWERS.—Any officer or employee of
the United States who is authorized (by an enforcing
agency, or the head of any department or agency of the
United States which has entered into an agreement with
an enforcing agency under subsection (a) of this section)
to enforce the provisions of this Act and of any regulation
promulgated or permit issued under this Act may—
(1) secure, execute, and serve any order, war-
rant, subpoena, or other process, which is issued
under the authority of the United States or by any
court of competent jurisdiction;
(2) with or without a warrant or other proc-
ess—
(A) search any person, place, vessel, vehi-
cle, or aircraft subject to the provisions of this
Act where there are reasonable grounds to be-
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lieve that evidence of a violation of this Act will
be found;
(B) board, and search or inspect, any ves-
sel, vehicle or aircraft subject to the provisions
of this Act;
(C) seize any evidence relating to a viola-
tion of this Act;
(D) seize any animal, plant, Antarctic min-
eral resource, prohibited product or prohibited
waste, wherever such item may be found, which
is or has been recovered, taken or possessed in
violation of this Act;
(E) seize any vessel, vehicle or aircraft
subject to the provisions of this Act (including
its gear, furniture, appurtenances, stores and
cargo), or any guns, traps or other equipment
used in, or that reasonably appears to have
been used in, a violation of this Act;
(F) detain for inspection and inspect any
package, crate, or other container, including its
contents, and all accompanying documents,
upon importation into or exportation from, the
United States; and
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(G) arrest any person, if he or she has rea-
sonable cause to believe that such person has
committed an act prohibited by section 4;
(3) offer and pay a reward to any person who
furnishes information which leads to an arrest, con-
viction, civil penalty assessment, permit sanction,
compliance order, injunction, or forfeiture of prop-
erty for any violation of any provision of this Act;
(4) make inquiries, and administer to, or take
from, any person an oath, affirmation or affidavit,
concerning any matter which is related to the en-
forcement of such provisions; and
(5) exercise any other authority which such offi-
cer or employee is permitted by law to exercise.
SEC. 20. MISCELLANEOUS ENFORCEMENT PROVISIONS.
(a) REGULATIONS.—Each agency that has respon-
sibility for implementing and enforcing this Act may pro-
mulgate such regulations as may be appropriate to enforce
the provisions of this Act and of any regulations promul-
gated or permits issued under this Act, and charge reason-
able fees for the expenses of the United States incurred
in carrying out inspections and in transferring, boarding,
handling, or storing animals, plants, Antarctic mineral re-
sources and any other property seized or forfeited under
this Act.
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(b) BURDEN OF PROOF.—In connection with any ac-
tion alleging a violation of this Act, or implementing regu-
lations, any person claiming the benefit of any exemption
or permit shall have the burden of proving that the exemp-
tion applies or that the permit is applicable, has been
granted, was valid and was in force at the time of the
alleged violation.
(c) STATUTE OF LIMITATIONS.—The statute of limi-
tations for initiating an administrative or judicial enforce-
ment proceeding shall begin to run at the time a violation
is discovered by any of the authorities listed in section 19
and shall run for a period of five years.
(d) ACTION AGAINST PERMIT.—If any person fails
to pay a civil penalty or criminal fine, the implementing
agency may suspend or deny any permit issued to or ap-
plied for by such person. The implementing agency shall
reinstate such permit or permit application upon payment
of the penalty or fine and interest thereon at the prevailing
rate.
(e) PAYMENTS OF STORAGE AND OTHER COSTS.—
Notwithstanding any other provision of law, the imple-
menting agency may retain sums it receives as fines, pen-
alties, and forfeitures of property for violations of any pro-
visions of this Act, and shall pay from such sums—
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(1) the reasonable and necessary costs it incurs
in connection with the seizure and forfeiture of prop-
erty under this Act, including in providing tem-
porary storage, care, and maintenance of such prop-
erty pending disposition of any civil or criminal pro-
ceeding alleging a violation of any provision of this
Act;
(2) to a qualifying person any reward offered
under section 19;
(3) any expenses directly related to investiga-
tions and civil and criminal enforcement proceed-
ings, including any necessary expenses for equip-
ment, training, travel, witnesses, and contracting
services directly related to such investigations or
proceedings;
(4) any valid liens or mortgages against any
property that has been forfeited;
(5) claims of parties in interest to property dis-
posed of under section 612(b) of the Tariff Act of
1930 (19 U.S.C. 1612(b)) or under other provision
of the customs laws, as made applicable by this Act
to seizures under this Act, in amounts determined
by the implementing agency to be applicable to such
claims at the time of seizure; and
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(6) reimbursement to any agency for services
performed, or personnel, equipment, or facilities uti-
lized, under any agreement entered into under sec-
tion 19, or any similar agreement authorized by law.
(f) PROCEEDINGS UNDER OTHER LAWS.—Legal pro-
ceedings brought under any section of this Act with re-
spect to any Act shall not be deemed to preclude proceed-
ings with respect to such act under any other provision
of this Act or any other law.
(g) INFORMATION GATHERING AUTHORITY.—For
the purposes of enforcing the provisions of this Act, or
any permit issued or regulation promulgated under this
Act—
(1) the implementing agency may require any
person who has undertaken activities in Antarctica
to—
(A) furnish information relating to his or
her activities in Antarctica; or
(B) sample any wastes, emissions, dis-
charges, or releases; and
(2) the implementing agency or its authorized
representative may at reasonable times have access
to and copy and records relating to activities in Ant-
arctica, and sample any wastes, emissions, dis-
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charges, or releases that such person is required to
sample under paragraph (1) of this subsection.
SEC. 21. JUDICIAL ACTIONS.
A district court of the United States which has juris-
diction over any case or controversy arising under the pro-
visions of this Act may, at any time—
(a) enter restraining orders or prohibitions;
(b) issue warrants, process in rem, or other
process;
(c) prescribe and accept satisfactory bonds or
other security; and
(d) take such other actions as are in the inter-
est of justice.
SEC. 22. FEDERAL AGENCY COOPERATION.
(a) Each Federal department or agency whose activi-
ties affect Antarctica shall utilize, to the maximum extent
practicable, its authorities in furtherance of the purposes
of this Act, and shall cooperate with the Director in carry-
ing out the purposes of this Act.
(b) The Director shall consult with the Administrator
with respect to enforcement of regulations promulgated
under section 6(e) and with respect to determining compli-
ance with the terms and conditions of permits issued
under section 5(g)(2).
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SEC. 23. RELATIONSHIP TO EXISTING INTERNATIONAL
AGREEMENTS, 
STATUTES, 
REGULATIONS,
AND PERMITS.
(a) IN GENERAL.—Nothing in this Act shall be con-
strued as contravening or superseding the provisions of
any treaty or other international agreement, if such treaty
or agreement is in force with respect to the United States
on the date of enactment of this Act, or the provisions
of any statute except as provided in subsections (b) and
(c) of this section.
(b) STATUTE.—For purposes of any Antarctic min-
eral resource, the provisions of this Act prevail over any
inconsistent provision of the Deep Seabed Hard Mineral
Resources Act (30 U.S.C. 1401–1471).
(c) REPEAL
OF STATUTES.—The Antarctic Con-
servation Act of 1978 (16 U.S.C. 2401 et seq.) and the
Antarctic Protection Act of 1990 (16 U.S.C. 2461 et seq.)
are hereby repealed.
(d) SAVINGS PROVISIONS.—
(1) All regulations promulgated under the Ant-
arctic Conservation Act of 1978 (16 U.S.C. 2401 et
seq.) shall remain in effect until the Director, the
Secretary, the Administrator, the Secretary of the
Department in which the Coast Guard is operating,
or the Secretary of State, as the case may be, pro-
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mulgates superseding regulations under sections 6,
7, or 8.
(2) All permits issued under the Antarctic Con-
servation Act of 1978 (16 U.S.C. 2401 et seq.) shall
remain in effect until they expire in accordance with
the terms of those permits.
SEC. 24. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary for each of fiscal years 1994 and
1995 to carry out this Act.
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