[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3060 Enrolled Bill (ENR)]

        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 ANTARCTIC 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 
    investigation has been the principal activity of the Federal 
    Government and United States nationals in Antarctica;
        ``(2) more recently, interest of American tourists in 
    Antarctica 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 foundation'' 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 
    international 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 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 invertebrate;
        ``(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 through natural 
    migrations, and includes any part of such member;
        ``(12) the term `native plant' means any terrestrial or 
    freshwater 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 Environmental 
    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--
        ``(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 
    nongovernmental 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, knowing 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 
    otherwise 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;
        ``(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, 
    purchase, 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 subsection 
(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 specified 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 meaning 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 Federal 
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 proposed 
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 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 implementation 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 regulations 
to provide for--
        ``(A) the environmental impact assessment of nongovernmental 
    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 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, 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 comprehensive 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 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 provision 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 published 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 
        inserting in lieu thereof the following new clause:
            ``(ii) the manner in which the taking or harmful 
        interference shall be conducted (which manner shall be 
        determined 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 
        paragraph (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'';
            (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 subparagraph:
        ``(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 
        management 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 appropriate 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 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 superseding 
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 subsection 
    (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 paragraphs:
        ``(1) `Antarctica' means the area south of 60 degrees south 
    latitude;
        ``(2) `Antarctic Protocol' means the Protocol on Environmental 
    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 Prevent 
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--
        (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 Protocol'' 
        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 
    Antarctic 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 
    Antarctic Protocol,'' after ``MARPOL Protocol,'';
        (5) in subsection (e) by inserting ``, Annex IV to the 
    Antarctic Protocol,'' after ``MARPOL Protocol''; and
        (6) in subsection (f) by inserting ``or the Antarctic 
    Protocol'' after ``MARPOL Protocol'' both places it appears.

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 
    Environmental Protection Strategy and Federal funds being used for 
    that purpose;
        (2) all of the Federal programs relating to Arctic and 
    Antarctic 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.