H. R. 3060
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To implement the Protocol on Environmental Protection to the Antarctic Treaty.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Antarctic Science, Tourism,
and Conservation Act of 1996’’.
TITLE I—AMENDMENTS TO THE ANT-
ARCTIC CONSERVATION ACT OF 1978
SEC. 101. FINDINGS AND PURPOSE.
(a) FINDINGS.—Section 2(a) of the Antarctic Conservation Act
of 1978 (16 U.S.C. 2401(a)) is amended—
(1) by redesignating paragraphs (1) and (2) as paragraphs
(4) and (5) respectively, and inserting before paragraph (4),
as redesignated, the following:
‘‘(1) for well over a quarter of a century, scientific investiga-
tion has been the principal activity of the Federal Government
and United States nationals in Antarctica;
‘‘(2) more recently, interest of American tourists in Antarc-
tica has increased;
‘‘(3) as the lead civilian agency in Antarctica, the National
Science Foundation has long had responsibility for ensuring
that United States scientific activities and tourism, and their
supporting logistics operations, are conducted with an eye to
preserving the unique values of the Antarctic region;’’;
(2) by striking ‘‘the Agreed Measures for the Conservation
of Antarctic Fauna and Flora, adopted at the Third Antarctic
Treaty Consultative Meeting, have established a firm founda-
tion’’ in paragraph (4), as redesignated, and inserting ‘‘the
Protocol establish a firm foundation for the conservation of
Antarctic resources,’’;
(3) by striking paragraph (5), as redesignated, and inserting
the following:
‘‘(5) the Antarctic Treaty and the Protocol establish inter-
national mechanisms and create legal obligations necessary
for the maintenance of Antarctica as a natural reserve devoted
to peace and science.’’.
(b) PURPOSE.—Section 2(b) of such Act (16 U.S.C. 2401(b))
is amended by striking ‘‘Treaty, the Agreed Measures for the
Conservation of Antarctic Fauna and Flora, and Recommendation
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VII–3 of the Eighth Antarctic Treaty Consultative Meeting’’ and
inserting ‘‘Treaty and the Protocol’’.
SEC. 102. DEFINITIONS.
Section 3 of the Antarctic Conservation Act of 1978 (16 U.S.C.
2402) is amended to read as follows:
‘‘SEC. 3. DEFINITIONS.
‘‘For purposes of this Act—
‘‘(1) the term ‘Administrator’ means the Administrator of
the Environmental Protection Agency;
‘‘(2) the term ‘Antarctica’ means the area south of 60
degrees south latitude;
‘‘(3) the term ‘Antarctic Specially Protected Area’ means
an area identified as such pursuant to Annex V to the Protocol;
‘‘(4) the term ‘Director’ means the Director of the National
Science Foundation;
‘‘(5) the term ‘harmful interference’ means—
‘‘(A) flying or landing helicopters or other aircraft in
a manner that disturbs concentrations of birds or seals;
‘‘(B) using vehicles or vessels, including hovercraft and
small boats, in a manner that disturbs concentrations of
birds or seals;
‘‘(C) using explosives or firearms in a manner that
disturbs concentrations of birds or seals;
‘‘(D) willfully disturbing breeding or molting birds or
concentrations of birds or seals by persons on foot;
‘‘(E) significantly damaging concentrations of native
terrestrial plants by landing aircraft, driving vehicles, or
walking on them, or by other means; and
‘‘(F) any activity that results in the significant adverse
modification of habitats of any species or population of
native mammal, native bird, native plant, or native inverte-
brate;
‘‘(6) the term ‘historic site or monument’ means any site
or monument listed as an historic site or monument pursuant
to Annex V to the Protocol;
‘‘(7) the term ‘impact’ means impact on the Antarctic
environment and dependent and associated ecosystems;
‘‘(8) the term ‘import’ means to land on, bring into, or
introduce into, or attempt to land on, bring into 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 constitutes an importation within
the meaning of the customs laws of the United States;
‘‘(9) the term ‘native bird’ means any member, at any
stage of its life cycle (including eggs), of any species of the
class Aves which is indigenous to Antarctica or occurs there
seasonally through natural migrations, and includes any part
of such member;
‘‘(10) the term ‘native invertebrate’ means any terrestrial
or freshwater invertebrate, at any stage of its life cycle, which
is indigenous to Antarctica, and includes any part of such
invertebrate;
‘‘(11) the term ‘native mammal’ means any member, at
any stage of its life cycle, of any species of the class Mammalia,
which is indigenous to Antarctica or occurs there seasonally
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through natural migrations, and includes any part of such
member;
‘‘(12) the term ‘native plant’ means any terrestrial or fresh-
water vegetation, including bryophytes, lichens, fungi, and
algae, at any stage of its life cycle (including seeds and other
propagules), which is indigenous to Antarctica, and includes
any part of such vegetation;
‘‘(13) the term ‘non-native species’ means any species of
animal or plant which is not indigenous to Antarctica and
does not occur there seasonally through natural migrations;
‘‘(14) the term ‘person’ has the meaning given that term
in section 1 of title 1, United States Code, and includes any
person subject to the jurisdiction of the United States and
any department, agency, or other instrumentality of the Federal
Government or of any State or local government;
‘‘(15) the term ‘prohibited product’ means any substance
banned from introduction onto land or ice shelves or into water
in Antarctica pursuant to Annex III to the Protocol;
‘‘(16) the term ‘prohibited waste’ means any substance
which must be removed from Antarctica pursuant to Annex
III to the Protocol, but does not include materials used for
balloon envelopes required for scientific research and weather
forecasting;
‘‘(17) the term ‘Protocol’ means the Protocol on Environ-
mental Protection to the Antarctic Treaty, signed October 4,
1991, in Madrid, and all annexes thereto, including any future
amendments thereto to which the United States is a party;
‘‘(18) the term ‘Secretary’ means the Secretary of
Commerce;
‘‘(19) the term ‘Specially Protected Species’ means any
native species designated as a Specially Protected Species
pursuant to Annex II to the Protocol;
‘‘(20) the term ‘take’ means to kill, injure, capture, handle,
or molest a native mammal or bird, or to remove or damage
such quantities of native plants that their local distribution
or abundance would be significantly affected;
‘‘(21) the term ‘Treaty’ means the Antarctic Treaty signed
in Washington, DC, on December 1, 1959;
‘‘(22) the term ‘United States’ means the several States
of the Union, the District of Columbia, the Commonwealth
of Puerto Rico, American Samoa, the Virgin Islands, Guam,
the Commonwealth of the Northern Mariana Islands, and any
other commonwealth, territory, or possession of the United
States; and
‘‘(23) the term ‘vessel subject to the jurisdiction of the
United States’ includes any ‘vessel of the United States’ and
any ‘vessel subject to the jurisdiction of the United States’
as those terms are defined in section 303 of the Antarctic
Marine Living Resources Convention Act of 1984 (16 U.S.C.
2432).’’.
SEC. 103. PROHIBITED ACTS.
Section 4 of the Antarctic Conservation Act of 1978 (16 U.S.C.
2403) is amended to read as follows:
‘‘SEC. 4. PROHIBITED ACTS.
‘‘(a) IN GENERAL.—It is unlawful for any person—
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‘‘(1) to introduce any prohibited product onto land or ice
shelves or into water in Antarctica;
‘‘(2) to dispose of any waste onto ice-free land areas or
into fresh water systems in Antarctica;
‘‘(3) to dispose of any prohibited waste in Antarctica;
‘‘(4) to engage in open burning of waste;
‘‘(5) to transport passengers to, from, or within Antarctica
by any seagoing vessel not required to comply with the Act
to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), unless
the person has an agreement with the vessel owner or operator
under which the owner or operator is required to comply with
Annex IV to the Protocol;
‘‘(6) who organizes, sponsors, operates, or promotes a non-
governmental expedition to Antarctica, and who does business
in the United States, to fail to notify all members of the
expedition of the environmental protection obligations of this
Act, and of actions which members must take, or not take,
in order to comply with those obligations;
‘‘(7) to damage, remove, or destroy a historic site or
monument;
‘‘(8) to refuse permission to any authorized officer or
employee of the United States to board a vessel, vehicle,
or aircraft of the United States, or subject to the jurisdiction
of the United States, for the purpose of conducting any
search or inspection in connection with the enforcement of
this Act or any regulation promulgated or permit issued under
this Act;
‘‘(9) to forcibly assault, resist, oppose, impede, intimidate,
or interfere with any authorized officer or employee of the
United States in the conduct of any search or inspection
described in paragraph (8);
‘‘(10) to resist a lawful arrest or detention for any act
prohibited by this section;
‘‘(11) to interfere with, delay, or prevent, by any means,
the apprehension, arrest, or detention of another person, know-
ing that such other person has committed any act prohibited
by this section;
‘‘(12) to violate any regulation issued under this Act, or
any term or condition of any permit issued to that person
under this Act; or
‘‘(13) to attempt to commit or cause to be committed any
act prohibited by this section.
‘‘(b) ACTS PROHIBITED UNLESS AUTHORIZED BY PERMIT.—It is
unlawful for any person, unless authorized by a permit issued
under this Act—
‘‘(1) to dispose of any waste in Antarctica (except as other-
wise authorized by the Act to Prevent Pollution from Ships)
including—
‘‘(A) disposing of any waste from land into the sea
in Antarctica; and
‘‘(B) incinerating any waste on land or ice shelves
in Antarctica, or on board vessels at points of embarcation
or debarcation, other than through the use at remote field
sites of incinerator toilets for human waste;
‘‘(2) to introduce into Antarctica any member of a nonnative
species;
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‘‘(3) to enter or engage in activities within any Antarctic
Specially Protected Area;
‘‘(4) to engage in any taking or harmful interference in
Antarctica; or
‘‘(5) to receive, acquire, transport, offer for sale, sell, pur-
chase, import, export, or have custody, control, or possession
of, any native bird, native mammal, or native plant which
the person knows, or in the exercise of due care should have
known, was taken in violation of this Act.
‘‘(c) EXCEPTION FOR EMERGENCIES.—No act described in sub-
section (a)(1), (2), (3), (4), (5), (7), (12), or (13) or in subsection
(b) shall be unlawful if the person committing the act reasonably
believed that the act was committed under emergency circumstances
involving the safety of human life or of ships, aircraft, or equipment
or facilities of high value, or the protection of the environment.’’.
SEC. 104. ENVIRONMENTAL IMPACT ASSESSMENT.
The Antarctic Conservation Act of 1978 is amended by inserting
after section 4 the following new section:
‘‘SEC. 4A. ENVIRONMENTAL IMPACT ASSESSMENT.
‘‘(a) FEDERAL ACTIVITIES.—(1)(A) The obligations of the United
States under Article 8 of and Annex I to the Protocol shall be
implemented by applying the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) to proposals for Federal agency
activities in Antarctica, as specified in this section.
‘‘(B) The obligations contained in section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C))
shall apply to all proposals for Federal agency activities occurring
in Antarctica and affecting the quality of the human environment
in Antarctica or dependent or associated ecosystems, only as speci-
fied in this section. For purposes of the application of such section
102(2)(C) under this subsection, the term ‘‘significantly affecting
the quality of the human environment’’ shall have the same mean-
ing as the term ‘‘more than a minor or transitory impact’’.
‘‘(2)(A) Unless an agency which proposes to conduct a Federal
activity in Antarctica determines that the activity will have less
than a minor or transitory impact, or unless a comprehensive
environmental evaluation is being prepared in accordance with
subparagraph (C), the agency shall prepare an initial environmental
evaluation in accordance with Article 2 of Annex I to the Protocol.
‘‘(B) If the agency determines, through the preparation of the
initial environmental evaluation, that the proposed Federal activity
is likely to have no more than 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 preparation of the
initial environmental evaluation or otherwise, that a proposed Fed-
eral activity is likely to have more than a minor or transitory
impact, the agency shall prepare and circulate a comprehensive
environmental evaluation in accordance with Article 3 of Annex
I to the Protocol, and shall make such comprehensive environmental
evaluation publicly available for comment.
‘‘(3) Any agency decision under this section on whether a pro-
posed Federal activity, to which paragraph (2)(C) applies, should
proceed, and, if so, whether in its original or in a modified form,
shall be based on the comprehensive environmental evaluation as
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well as other considerations which the agency, in the exercise
of its discretion, considers relevant.
‘‘(4) For the purposes of this section, the term ‘Federal activity’
includes all activities conducted under a Federal agency research
program in Antarctica, whether or not conducted by a Federal
agency.
‘‘(b) FEDERAL ACTIVITIES CARRIED OUT JOINTLY WITH FOREIGN
GOVERNMENTS.—(1) For the purposes of this subsection, the term
‘Antarctic 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. Such
term shall be defined in regulations promulgated by such agencies
as the President may designate.
‘‘(2) Where the Secretary of State, in cooperation with the
lead United States agency planning an Antarctic joint activity,
determines that—
‘‘(A) the major part of the joint activity is being contributed
by a government or governments other than the United States;
‘‘(B) one such government is coordinating the implementa-
tion of environmental impact assessment procedures for that
activity; and
‘‘(C) such government has signed, ratified, or acceded to
the Protocol,
the requirements of subsection (a) of this section shall not apply
with respect to that activity.
‘‘(3) In all cases of Antarctic joint activity other than those
described in paragraph (2), the requirements of subsection (a) of
this section shall apply with respect to that activity, except as
provided in paragraph (4).
‘‘(4) Determinations described in paragraph (2), and agency
actions and decisions in connection with assessments of impacts
of Antarctic joint activities, shall not be subject to judicial review.
‘‘(c) NONGOVERNMENTAL ACTIVITIES.—(1) The Administrator
shall, within 2 years after the date of the enactment of the Antarctic
Science, Tourism, and Conservation Act of 1996, promulgate regula-
tions to provide for—
‘‘(A) the environmental impact assessment of nongovern-
mental activities, including tourism, for which the United
States is required to give advance notice under paragraph
5 of Article VII of the Treaty; and
‘‘(B) coordination of the review of information regarding
environmental impact assessment received from other Parties
under the Protocol.
‘‘(2) Such regulations shall be consistent with Annex I to the
Protocol.
‘‘(d) DECISION TO PROCEED.—(1) No decision shall be taken
to proceed with an activity for which a comprehensive environ-
mental 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 Meet-
ing, except that no decision to proceed with a proposed activity
shall be delayed through the operation of this paragraph for more
than 15 months from the date of circulation of the draft comprehen-
sive environmental evaluation pursuant to Article 3(3) of Annex
I to the Protocol.
‘‘(2) 
The 
Secretary 
of 
State 
shall 
circulate 
the 
final
comprehensive environmental evaluation, in accordance with Article