H. R. 3060—7
3(6) of Annex I to the Protocol, at least 60 days before the
commencement of the activity in Antarctica.
‘‘(e) CASES OF EMERGENCY.—The requirements of this section,
and of regulations promulgated under this section, 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 environment, which require an activity to be
undertaken without fulfilling those requirements.
‘‘(f) EXCLUSIVE MECHANISM.—Notwithstanding any other provi-
sion of law, the requirements of this section shall constitute the
sole and exclusive statutory obligations of the Federal agencies
with regard to assessing the environmental impacts of proposed
Federal activities occurring in Antarctica.
‘‘(g) DECISIONS ON PERMIT APPLICATIONS.—The provisions of
this section requiring environmental impact assessments (including
initial environmental evaluations and comprehensive environmental
evaluations) shall not apply to Federal actions with respect to
issuing permits under section 5.
‘‘(h) PUBLICATION
OF NOTICES.—Whenever the Secretary of
State makes a determination under paragraph (2) of subsection
(b) of this section, or receives a draft comprehensive environmental
evaluation in accordance with Annex I, Article 3(3) to the Protocol,
the Secretary of State shall cause timely notice thereof to be pub-
lished in the Federal Register.’’.
SEC. 105. PERMITS.
Section 5 of the Antarctic Conservation Act of 1978 (16 U.S.C.
2404) is amended—
(1) in subsection (a) by striking ‘‘section 4(a)’’ and inserting
in lieu thereof ‘‘section 4(b)’’;
(2) in subsection (c)(1)(B) by striking ‘‘Special’’ and inserting
in lieu thereof ‘‘Species’’; and
(3) in subsection (e)—
(A) by striking ‘‘or native plants to which the permit
applies,’’ in paragraph (1)(A)(i) and inserting in lieu thereof
‘‘native plants, or native invertebrates to which the permit
applies, and’’;
(B) by striking paragraph (1)(A)(ii) and (iii) and insert-
ing in lieu thereof the following new clause:
‘‘(ii) the manner in which the taking or harmful inter-
ference shall be conducted (which manner shall be deter-
mined by the Director to be humane) and the area in
which it will be conducted;’’;
(C) by striking ‘‘within Antarctica (other than within
any specially protected area)’’ in paragraph (2)(A) and
inserting in lieu thereof ‘‘or harmful interference within
Antarctica’’;
(D) by striking ‘‘specially protected species’’ in para-
graph (2)(A) and (B) and inserting in lieu thereof ‘‘Specially
Protected Species’’;
(E) by striking ‘‘; and’’ at the end of paragraph
(2)(A)(i)(II) and inserting in lieu thereof ‘‘, or’’;
(F) by adding after paragraph (2)(A)(i)(II) the following
new subclause:
‘‘(III) for unavoidable consequences of scientific
activities or the construction and operation of scientific
support facilities; and’’;
H. R. 3060—8
(G) by striking ‘‘with Antarctica and’’ in paragraph
(2)(A)(ii)(II) and inserting in lieu thereof ‘‘within Antarctica
are’’; and
(H) by striking subparagraphs (C) and (D) of paragraph
(2) and inserting in lieu thereof the following new subpara-
graph:
‘‘(C) A permit authorizing the entry into an Antarctic
Specially Protected Area shall be issued only—
‘‘(i) if the entry is consistent with an approved manage-
ment plan, or
‘‘(ii) if a management plan relating to the area has
not been approved but—
‘‘(I) there is a compelling purpose for such entry
which cannot be served elsewhere, and
‘‘(II) the actions allowed under the permit will
not jeopardize the natural ecological system existing
in such area.’’.
SEC. 106. REGULATIONS.
Section 6 of the Antarctic Conservation Act of 1978 (16 U.S.C.
2405) is amended to read as follows:
‘‘SEC. 6. REGULATIONS.
‘‘(a) REGULATIONS TO BE ISSUED BY THE DIRECTOR.—(1) The
Director shall issue such regulations as are necessary and appro-
priate to implement Annex II and Annex V to the Protocol and
the provisions of this Act which implement those annexes, including
section 4(b)(2), (3), (4), and (5) of this Act. The Director shall
designate as native species—
‘‘(A) each species of the class Aves;
‘‘(B) each species of the class Mammalia; and
‘‘(C) each species of plant,
which is indigenous to Antarctica or which occurs there seasonally
through natural migrations.
‘‘(2) The Director, with the concurrence of the Administrator,
shall issue such regulations as are necessary and appropriate to
implement Annex III to the Protocol and the provisions of this
Act which implement that Annex, including section 4(a)(1), (2),
(3), and (4), and section 4(b)(1) of this Act.
‘‘(3) The Director shall issue such regulations as are necessary
and appropriate to implement Article 15 of the Protocol with respect
to land areas and ice shelves in Antarctica.
‘‘(4) The Director shall issue such additional regulations as
are necessary and appropriate to implement the Protocol and this
Act, except as provided in subsection (b).
‘‘(b) REGULATIONS TO BE ISSUED BY THE SECRETARY OF THE
DEPARTMENT
IN WHICH
THE COAST GUARD
IS OPERATING.—The
Secretary of the Department in which the Coast Guard is operating
shall issue such regulations as are necessary and appropriate, in
addition to regulations issued under the Act to Prevent Pollution
from Ships (33 U.S.C. 1901 et seq.), to implement Annex IV to
the Protocol and the provisions of this Act which implement that
Annex, and, with the concurrence of the Director, such regulations
as are necessary and appropriate to implement Article 15 of the
Protocol with respect to vessels.
‘‘(c) TIME PERIOD FOR REGULATIONS.—The regulations to be
issued under subsection (a)(1) and (2) of this section shall be issued
within 2 years after the date of the enactment of the Antarctic
H. R. 3060—9
Science, Tourism, and Conservation Act of 1996. The regulations
to be issued under subsection (a)(3) of this section shall be issued
within 3 years after the date of the enactment of the Antarctic
Science, Tourism, and Conservation Act of 1996.’’.
SEC. 107. SAVING PROVISIONS.
Section 14 of the Antarctic Conservation Act of 1978 is amended
to read as follows:
‘‘SEC. 14. SAVING PROVISIONS.
‘‘(a) REGULATIONS.—All regulations promulgated under this Act
prior to the date of the enactment of the Antarctic Science, Tourism,
and Conservation Act of 1996 shall remain in effect until supersed-
ing regulations are promulgated under section 6.
‘‘(b) PERMITS.—All permits issued under this Act shall remain
in effect until they expire in accordance with the terms of those
permits.’’.
TITLE II—CONFORMING AMENDMENTS
TO OTHER LAWS
SEC. 201. AMENDMENTS TO ACT TO PREVENT POLLUTION FROM SHIPS.
(a) DEFINITIONS.—Section 2 of the Act to Prevent Pollution
from Ships (33 U.S.C. 1901) is amended—
(1) by redesignating paragraphs (1) through (10) of sub-
section (a) as paragraphs (3) through (12), respectively;
(2) by inserting before paragraph (3), as so redesignated
by paragraph (1) of this subsection, the following new para-
graphs:
‘‘(1) ‘Antarctica’ means the area south of 60 degrees south
latitude;
‘‘(2) ‘Antarctic Protocol’ means the Protocol on Environ-
mental Protection to the Antarctic Treaty, signed October 4,
1991, in Madrid, and all annexes thereto, and includes any
future amendments thereto which have entered into force;’’;
and
(3) by adding at the end the following new subsection:
‘‘(c) For the purposes of this Act, the requirements of Annex
IV to the Antarctic Protocol shall apply in Antarctica to all vessels
over which the United States has jurisdiction.’’.
(b) APPLICATION OF ACT.—Section 3(b)(1)(B) of the Act to Pre-
vent Pollution from Ships (33 U.S.C. 1902(b)(1)(B)) is amended
by inserting ‘‘or the Antarctic Protocol’’ after ‘‘MARPOL Protocol’’.
(c) ADMINISTRATION.—Section 4 of the Act to Prevent Pollution
from Ships (33 U.S.C. 1903) is amended—
(1) by inserting ‘‘, Annex IV to the Antarctic Protocol,’’
after ‘‘the MARPOL Protocol’’ in the first sentence of
subsection (a);
(2) in subsection (b)(1) by inserting ‘‘, Annex IV to the
Antarctic Protocol,’’ after ‘‘the MARPOL Protocol’’;
(3) in subsection (b)(2)(A) by striking ‘‘within 1 year after
the effective date of this paragraph,’’; and
(4) in subsection (b)(2)(A)(i) by inserting ‘‘and of Annex
IV to the Antarctic Protocol’’ after ‘‘the Convention’’.
(d) POLLUTION RECEPTION FACILITIES.—Section 6 of the Act
to Prevent Pollution from Ships (33 U.S.C. 1905) is amended—
H. R. 3060—10
(1) in subsection (b) by inserting ‘‘or the Antarctic Protocol’’
after ‘‘the MARPOL Protocol’’;
(2) in subsection (e)(1) by inserting ‘‘or the Antarctic
Protocol’’ after ‘‘the Convention’’;
(3) in subsection (e)(1)(A) by inserting ‘‘or Article 9 of
Annex IV to the Antarctic Protocol’’ after ‘‘the Convention’’;
and
(4) in subsection (f) by inserting ‘‘or the Antarctic Protocol’’
after ‘‘the MARPOL Protocol’’.
(e) VIOLATIONS.—Section 8 of the Act to Prevent Pollution from
Ships (33 U.S.C. 1907) is amended—
(1) in the first sentence of subsection (a) by inserting
‘‘Annex IV to the Antarctic Protocol,’’ after ‘‘MARPOL Protocol,’’;
(2) in the second sentence of subsection (a)—
(A) by inserting ‘‘or to the Antarctic Protocol’’ after
‘‘to the MARPOL Protocol’’; and
(B) by inserting ‘‘and Annex IV to the Antarctic Proto-
col’’ after ‘‘of the MARPOL Protocol’’;
(3) in subsection (b) by inserting ‘‘or the Antarctic Protocol’’
after ‘‘MARPOL Protocol’’ both places it appears;
(4) in subsection (c)(1) by inserting ‘‘, of Article 3 or Article
4 of Annex IV to the Antarctic Protocol,’’ after ‘‘to the
Convention’’;
(5) in subsection (c)(2) by inserting ‘‘or the Antarctic
Protocol’’ after ‘‘which the MARPOL Protocol’’;
(6) in subsection (c)(2)(A) by inserting ‘‘, Annex IV to the
Antarctic Protocol,’’ after ‘‘MARPOL Protocol’’;
(7) in subsection (c)(2)(B)—
(A) by inserting ‘‘or the Antarctic Protocol’’ after ‘‘to
the MARPOL Protocol’’; and
(B) by inserting ‘‘or Annex IV to the Antarctic Protocol’’
after ‘‘of the MARPOL Protocol’’;
(8) in subsection (d)(1) by inserting ‘‘, Article 5 of Annex
IV to the Antarctic Protocol,’’ after ‘‘Convention’’;
(9) in subsection (e)(1)—
(A) by inserting ‘‘or the Antarctic Protocol’’ after
‘‘MARPOL Protocol’’; and
(B) by striking ‘‘that Protocol’’ and inserting in lieu
thereof ‘‘those Protocols’’; and
(10) in subsection (e)(2) by inserting ‘‘, of Annex IV to
the Antarctic Protocol,’’ after ‘‘MARPOL Protocol’’.
(f) PENALTIES.—Section 9 of the Act to Prevent Pollution from
Ships (33 U.S.C. 1908) is amended—
(1) in subsection (a) by inserting ‘‘, Annex IV to the Ant-
arctic Protocol,’’ after ‘‘MARPOL Protocol,’’;
(2) in subsection (b)(1) by inserting ‘‘, Annex IV to the
Antarctic Protocol,’’ after ‘‘MARPOL Protocol,’’;
(3) in subsection (b)(2) by inserting ‘‘, Annex IV to the
Antarctic Protocol,’’ after ‘‘MARPOL Protocol,’’;
(4) in subsection (d) by inserting ‘‘, Annex IV to the Ant-
arctic Protocol,’’ after ‘‘MARPOL Protocol,’’;
(5) in subsection (e) by inserting ‘‘, Annex IV to the Ant-
arctic Protocol,’’ after ‘‘MARPOL Protocol’’; and
(6) in subsection (f) by inserting ‘‘or the Antarctic Protocol’’
after ‘‘MARPOL Protocol’’ both places it appears.
H. R. 3060—11
SEC. 
202. 
PROHIBITION 
OF 
CERTAIN 
ANTARCTIC 
RESOURCE
ACTIVITIES.
(a) AGREEMENT OR LEGISLATION REQUIRED.—Section 4 of the
Antarctic Protection Act of 1990 (16 U.S.C. 2463) is amended by
striking ‘‘Pending a new agreement among the Antarctic Treaty
Consultative Parties in force for the United States, to which the
Senate has given advice and consent or which is authorized by
further legislation by the Congress, which provides an indefinite
ban on Antarctic mineral resource activities, it’’ and inserting in
lieu thereof ‘‘It’’.
(b) REPEALS.—Sections 5 and 7 of such Act (16 U.S.C. 2464
and 2466) are repealed.
(c) REDESIGNATION.—Section 6 of such Act (16 U.S.C. 2465)
is redesignated as section 5.
TITLE III—POLAR RESEARCH AND
POLICY STUDY
SEC. 301. POLAR RESEARCH AND POLICY STUDY.
Not later than March 1, 1997, the National Science Foundation
shall provide a detailed report to the Congress on—
(1) the status of the implementation of the Arctic Environ-
mental Protection Strategy and Federal funds being used for
that purpose;
(2) all of the Federal programs relating to Arctic and Ant-
arctic research and the total amount of funds expended
annually for each such program, including—
(A) a comparison of the funding for logistical support
in the Arctic and Antarctic;
(B) a comparison of the funding for research in the
Arctic and Antarctic;
(C) a comparison of any other amounts being spent
on Arctic and Antarctic programs; and
(D) an assessment of the actions taken to implement
the recommendations of the Arctic Research Commission
with respect to the use of such funds for research and
logistical support in the Arctic.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.