Antarctic Protection Act of 1990
PL 101-594 (H.R.3977), enacted 11/16/1990

PUBLIC LAW 101-594—NOV. 16, 1990 
104 STAT. 2975 
Public Law 101-594 
101st Congress 
An Act 
To protect and conserve the continent of Antarctica, and for other purposes. 
Mov. lb, 1990 
[H.R. 3977] 
Be it enacted by the Senate and the House of Representatives of the 
United States of America in Congress assembled, 
Antarctic 
Protection Act 
SECTION 1. SHORT TITLE. 
of 1990. 
This Act may be cited as the "Antarctic Protection Act of 1990". i^^J^ ^^^^ 
SEC. 2. FINDINGS AND PURPOSE. 
16 USC 2461. 
(a) FINDINGS.—Congress finds that— 
(1) the Antarctic continent with its associated and dependent 
ecosystems is a distinctive environment providing a habitat for 
many unique species and offering a natural laboratory from 
which to monitor critical aspects of stratospheric ozone deple-
tion and global climate change; 
(2) Antarctica is protected by a series of international agree-
ments, 
including 
the 
Antarctic 
Treaty 
and 
associated 
recommendations, the Convention on the Conservation of 
Antarctic Seals, and the Convention on the Conservation of 
Antarctic Marine Living Resources, which are intended to con-
serve the renewable natural resources of Antarctica and to 
recognize the importance of Antarctica for the conduct of sci-
entific research; 
(3) recurring and recent developments in Antarctica, includ-
ing increased siting of scientific stations, poor waste disposal 
practices, oil spills, increased tourism, and the over-exploitation 
of marine living resources, have raised serious questions about 
the adequacy and implementation of existing agreements and 
domestic law to protect the Antarctic environment and its 
living marine resources; 
(4) the parties to the Antarctic Treaty have negotiated a 
Convention on the Regulation of Antarctic Mineral Resources 
Activities which the United States has signed but not yet 
ratified; 
(5) the Convention on the Regulation of Antarctic Mineral 
Resources Activities does not guarantee the preservation of the 
fragile environment of Antarctica and could actually stimulate 
movement toward Antarctic mineral resource activity; 
(6) the exploitation of mineral resources in Antarctica could 
lead to additional degradation of the Antarctic environment, 
including increased risk of oil spills; 
(7) the Antarctic Treaty Consultative Parties have agreed to a 
voluntary ban on Antarctic mineral resource activities which 
needs to be made legally binding; 
(8) the level of scientific study, including necessary support 
facilities, has increased to the point that some scientific pro-
grams may be degrading the Antarctic environment; and 
(9) the planned special consultative meeting of parties to the 
Antarctic Treaty and the imminence of the thirtieth anniver-
104 STAT. 2976 
PUBLIC LAW 101-594—NOV. 16, 1990 
sary of the Antarctic Treaty provide opportunities for the 
United States to exercise leadership toward protection and 
sound management of Antarctica, 
(b) PURPOSE.—The purpose of this Act is to— 
(1) strengthen substantially overall environmental protection 
of Antarctica; 
(2) prohibit prospecting, exploration, and development of Ant-
arctic mineral resources by United States citizens and other 
persons subject to the jurisdiction of the United States; 
(3) urge other nations to join the United States in imme-
diately negotiating one or more new agreements to provide an 
indefinite ban on all Antarctic mineral resource activities and 
comprehensive protection for Antarctica and its associated and 
dependent ecosystems; and 
(4) urge all nations to consider a permanent ban on Antarctic 
mineral resource activities. 
16 u s e 2462. 
SEC. 3. DEFINITIONS. 
For the purposes of this Act: 
(1) The term "Antarctica" means the area south of the Ant-
arctic Convergence as defined in section 303(1) of the Antarctic 
Marine Living Resources Convention Act of 1984 (16 U.S.C. 
2432). 
(2) The term "Antarctic mineral resource activity" means 
prospecting, exploration, or development in Antarctica of min-
eral resources, but does not include scientific research within 
the meaning of article III of the Antarctic Treaty, done at 
Washington on December 1,1959. 
(3) The term "development" means any activity, including 
logistic support, which takes place following exploration, the 
purpose of which is the exploitation of specific mineral resource 
deposits, including processing, storage, and transport activities. 
(4) The term "exploration" means any activity, including 
logistic support, the purpose of which is the identification or 
evaluation of specific mineral resource deposits. The term in-
cludes exploratory drilling, dredging, and other surface or sub-
surface excavations required to determine the nature and size of 
mineral resource deposits and the feasibility of their develop-
ment. 
(5) The term "mineral resources" means all nonliving natural 
nonrenewable 
resources, including fossil fuels, 
minerals, 
whether metallic or nonmetallic, but does not include ice, 
water, or snow. 
(6) The term "person" means any individual, corporation, 
partnership, trust, association, or any other entity existing or 
organized under the laws of the United States, or any officer, 
employee, agent, department, or other instrumentality of the 
Federal Government or of any State or political subdivision 
thereof. 
(7) The term "prospecting" means any activity, including 
logistic support, the purpose of which is the identification of 
mineral resource potential for possible exploration and develop-
ment. 
PUBLIC LAW 101-594—NOV. 16, 1990 
104 STAT. 2977 
(8) The term "Under Secretary" means the Under Secretary 
of Commerce for Oceans and Atmosphere. 
SEC. 4. PROHIBITION OF ANTARCTIC MINERAL RESOURCE ACTIVITIES. 
16 USC 2463. 
Pending a new agreement among the Antarctic Treaty Consult-
ative Parties in force for the United States, to which the Senate has 
given advice and consent or which is authorized by further legisla-
tion by the Congress, which provides an indefinite ban on Antarctic 
mineral resource activities, it is unlawful for any person to engage 
in, finance, or otherwise knowingly provide Eissistance to any Ant-
arctic mineral resource activity. 
SEC. 5. INTERNATIONAL AGREEMENT. 
16 USC 2464. 
(a) It is the sense of Congress that the Secretary of State should 
enter into negotiations with the Antarctic Treaty Consultative Par-
ties to conclude one or more new international agreements to— 
(1) conserve and protect permanently the natural environ-
ment 
of Antarctica 
and 
its 
associated 
and 
dependent 
ecosystems; 
(2) prohibit or ban indefinitely Antarctic mineral resource 
activities by all parties to the Antarctic Treaty; 
(3) grant Antarctica special protective status as a land of 
science dedicated to wilderness protection, international co-
operation, and scientific research; 
(4) ensure that the results of all scientific investigations 
relating to geological processes and structures be made openly 
available to the international scientific community, as required 
by the Antarctic Treaty; and 
(5) include other comprehensive measures for the protection 
of the Antarctic environment. 
(b) It is the sense of Congress that any treaty or other inter-
national agreement submitted by the President to the Senate for its 
advice and consent to ratification relating to mineral resources or 
activities in Antarctica should be consistent with the purpose and 
provisions of this Act. 
SEC. 6. ENFORCEMENT. 
16 USC 2465. 
(a) IN GENERAL.—A violation of this Act or any regulation promul-
gated under this Act is deemed to be a violation of the Antarctic 
Marine Living Resources Convention Act (16 U.S.C. 2431-2444) and 
shall be enforced under that Act by the Under Secretary or another 
Federal official to whom the Under Secretary has delegated this 
responsibility. 
(b) PENALTY.—If the Under Secretary determines that a person 
has violated section 4— 
(1) that person shall be ineligible to locate a mining claim 
under the mining laws of the United States; and 
(2) the Secretary of the Interior shall refuse to issue a patent 
under the mining laws of the United States, or a lease under the 
laws of the United States related to mineral or geothermal 
leasing, to any such person who attempts to perfect such patent 
or lease application after the Under Secretary h£is made such 
determination. 
104 STAT. 2978 
PUBLIC LAW 101-594—NOV. 16, 1990 
16 u s e 2466. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated— 
(1) to the Under Secretary not more than $1,000,000 for each 
of fiscal years 1991 and 1992 to carry out the purposes of this 
Act; and 
(2) to the Secretary of State not more than $500,000 for each 
of fiscal years 1991 and 1992 to carry out section 5 of this Act. 
Approved November 16, 1990. 
LEGISLATIVE HISTORY—H.R. 3977 (S. 2575): 
HOUSE REPORTS: No. 101-692, Pt. 1 (Comm. on Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 15, considered and passed House. 
Oct. 16, S. 2575 considered and passed Senate. 
Oct. 24, H.R. 3977 considered and passed Senate, amended. 
Oct. 26, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 16, Presidential remarks.