Antarctic Science, Tourism, and Conservation Act of 1996
PL 104-227 (H.R.3060), enacted 10/02/1996

110 STAT. 3034 
PUBLIC LAW 104-227—OCT. 2, 1996 
Oct. 2, 1996 
[H.R. 3060] 
Public Law 104-227 
104th Congress 
An Act 
To implement the Protocol on Environmental Protection to the Antarctic Treaty. 
Be it enacted by the Senate and House of Representatives 
of 
Antarctic 
the United States of America in Congress assembled, 
Science, Tourism, 
and Conservation 
SECTION 1. SHORT TITLE. 
16 use 2401 
'^^^ ^'^^ ^^y ^^ cited as the "Antarctic Science, Tourism, 
note. 
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 
£ind 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 foiuida-
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 £ind 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 
PUBLIC LAW 104-227—OCT. 2, 1996 
110 STAT. 3035 
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. DEFINrriONS. 
"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 liistoric 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 £uiy member, at 
any stage of its life cycle, of any species of the class Mammalia, 
which is indigenous to Antarctica or occurs there seasonally 
110 STAT. 3036 
PUBLIC LAW 104-227—OCT. 2, 1996 
through natured 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 £iny 
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 
'Secretarj^ 
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' mesms 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 
£iny "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— 
PUBLIC LAW 104-227—OCT. 2, 1996 
110 STAT. 3037 
"(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 
xuider 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; 
110 STAT. 3038 
PUBLIC LAW 104-227—OCT. 2, 1996 
"(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 imder 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: 
16 use 2403a. 
"SEC. 4A. ENVIRONMENTAL IMPACT ASSESSMENT. 
"(a) FEDERAL ACTIVITIES,—(1)(A) The obHgations of the United 
States under Article 8 of and Annex I to the Protocol shall be 
implemented by appljdng 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 PoUcy 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. 
Public 
"(C) If the agency determines, through the preparation of the 
information. 
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 
PUBLIC LAW 104-227—OCT. 2, 1996 
110 STAT. 3039 
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 Federgil 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 Regulations. 
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 thsin those Applicability. 
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 Regulations. 
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 
imder 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 evcduation pursuant to Article 3(3) of Annex 
I to the Protocol. 
"(2) The 
Secretary 
of 
State 
shall 
circulate 
the 
final 
comprehensive environmental evaluation, in accordsince with Article 
110 STAT. 3040 
PUBLIC LAW 104-227—OCT. 2, 1996 
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, 
£ind 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 xmder section 5. 
Federal Register, 
"(h) PUBLICATION OF NOTICES.—Whenever the Secretary of 
publication. 
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 (l)(A)(i) and inserting in lieu thereof 
"native plants, or native invertebrates to which the permit 
applies, and"; 
(B) by striking paragraph (l)(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 'Svithin 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"; 
PUBLIC LAW 104-227—OCT. 2, 1996 
110 STAT. 3041 
(G) by striking "with Antarctica and" in paragraph 
(2)(A)(ii)(II) and inserting in Ueu thereof "within Anteirctica 
are"; and 
(H) by striking subparagraphs (C) and (D) of paragraph 
(2) and inserting in Ueu 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 
"(u) 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 MammaHa; 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), ana 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 B E 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 
110 STAT. 3042 
PUBLIC LAW 104-227—OCT. 2, 1996 
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. 
16 use 2413. 
Section 14 of the Antarctic Conservation Act of 1978 is amended 
to read as follows: 
•^EC. 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 imtil they expire in accordance with the terms of those 
permits.", 
TITLE II—CONFORMEVG 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-
o 
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 
ftiture amendments thereto which have entered into force;"; 
and 
(3) by adding at the end the following new subsection: 
**(c) For tiie 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 
rV 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— 
PUBLIC LAW 104-227—OCT. 2, 1996 
110 STAT. 3043 
(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 'Vhich 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 (eXD— 
(A) by inserting "or the Antarctic Protocol" £ifter 
"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 (bXl) 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. 
110 STAT. 3044 
PUBLIC LAW 104-227—OCT. 2, 1996 
SEC. 
202. PROHmrnON 
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 
Reports. 
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-
mentsd 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 progreim, 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. 
Approved October 2, 1996. 
LEGISLATIVE HISTORY—H.R. 3060 (S. 1645): 
HOUSE REPORTS: No. 104-593, Pt. 1 (Comm. on Science). 
SENATE REPORTS: No. 104-332 accompanying S. 1645 (Comm. on Commerce, 
Science, sind Transportation). 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
June 10, considered and passed House. 
Sept. 4, considered and passed Senate, amended, in lieu of S. 1645. 
Sept. 10, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Oct. 2, Presidential statement.