[Congressional Record Volume 142, Number 43 (Tuesday, March 26, 1996)]
[Senate]
[Pages S2863-S2867]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY (for himself and Mr. Hollings):
  S. 1645. A bill to regulate United States scientific and tourist in 
Antarctica, to conserve Antarctic resources, and for other purposes; to 
the Committee on Commerce.


      the antarctic science, tourism, and conservation act of 1996

 Mr. KERRY. Mr. President, today I am introducing the Antarctic 
Science, Tourism, and Conservation Act of 1996. The purpose of this 
legislation is to enable the United States to implement the Protocol on 
Environmental Protection to the Antarctic Treaty. The Protocol was 
negotiated by the parties of the Antarctic Treaty System and signed in 
October, 1991. The Senate gave its advice and consent to the Protocol 
on October 7, 1992. In August, 1993, I introduced the precursor to this 
bill and the Senate Commerce Committee reported it to the full Senate 
in early 1994. Unfortunately, continuing disagreements among 
scientists, conservation groups, and the administration about the 
legislative changes needed for the United States to carry out its 
responsibilities under the Protocol prevented further action on that 
bill.
  Today, I am pleased to announce that the legislative impasse has come 
to an end. The bill Senator Hollings and I are introducing is supported 
by all the parties engaged in this somewhat lengthy but ultimately 
successful consensus-building process.
  Why are we concerned about implementing this particular international 
agreement? The protocol recognizes that Antarctica is a unique and 
fragile ecosystem that must be monitored and protected and it reaffirms 
the designation of Antarctica as a special conservation area. At the 
same time, the protocol encourages and supports the unparalleled 
research opportunities Antarctica offers for scientific study of both 
global and regional environmental processes. Finally, the protocol 
acknowledges and addresses the impact of the growing number of tourists 
who travel to the Antarctic to witness its wild beauty and bountiful 
marine life, but whose presence is responsible for increasing 
environmental stress.

[[Page S2864]]

  The bill before us builds on the existing U.S. regulatory framework 
provided in the Antarctic Conservation Act to implement the protocol 
and to balance two important goals. The first goal is to conserve and 
protect the Antarctic environment and resources. the second is to 
minimize interference with scientific research. The bill amends the 
Antarctic Conservation Act to make existing provisions governing U.S. 
research activities consistent with the requirements of the Protocol. 
As under current law, the Director of the National Science Foundation 
[NSF] would remain the lead agency in managing the Antarctic science 
program and in issuing regulations and research permits. In addition, 
the bill calls for comprehensive assessment and monitoring of the 
effects of both governmental and nongovernmental activities on the 
fragile Antarctic ecosystem. It also would continue indefinitely a ban 
on Antarctic mineral resource activities. Finally, the bill amends the 
act to prevent pollution from ships to implement provisions of the 
protocol relating to protection of marine resources.

  Before closing, I would like to thank Senator Hollings, ranking 
Democrat on the Commerce Committee; the Department of State, especially 
Under Secretary for Global Affairs Tim Wirth and Tucker Scully of the 
Bureau of Oceans and International Environmental and Scientific 
Affairs; Dr. Neil Sullivan, Director of Polar Programs, and Larry 
Rudolph of the National Science Foundation; and other interested 
parties including Greenpeace, World Wildlife Fund, and especially the 
Antarctica Project and its director Beth Marks for their hard work and 
assistance in developing this bill.
  As one of the founders of the Antarctic Treaty System, the United 
States has an obligation to enact strong implementing legislation, and 
our action to complete ratification of the protocol is long overdue. I 
urge my colleagues' support, and prompt action to enact the Antarctic 
Science, Tourism, and Conservation Act of 1996.
  I ask unanimous consent that the text of the bill be printed in the 
Record immediately following my statement.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1645

       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. 2492) 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 
     important 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 terrestial 
     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:

[[Page S2865]]

     ``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

[[Page S2866]]

      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 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 (9) of 
     subsection (a) as paragraphs (3) through (11), 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.

[[Page S2867]]

     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. 

 Mr. HOLLINGS. Mr. President, today I join with Senator Kerry 
in introducing the Antarctic Science, Tourism, and Conservation Act of 
1996, which will implement the Protocol on Environmental Protection to 
the Antarctic Treaty. The protocol was signed by the United States 5 
years ago and approved by the Senate in the 102d Congress; yet 
implementing legislation remains to be completed. In the 103d Congress, 
the Senate Commerce Committee reported implementing legislation, but 
differences among key agencies and interests prevented further action. 
Now that those differences have been reconciled, it is timely to 
complete the implementation effort.
  I had the opportunity to visit Antarctica in 1988, and can attest 
both to its pristine beauty and to the unique scientific activities 
being conducted there. As many of my colleagues know, the activities of 
U.S. citizens and interests in Antarctica are almost exclusively those 
of federally sponsored scientific expeditions, together with their 
Federal logistics support. These activities are concentrated at the 
edge of the ice shelf and are based at the three U.S. research 
stations: McMurdo, South Pole, and Palmer. The peak of activity occurs 
at the height of the Antarctic summer, when there are about 1,200 
personnel at McMurdo, 140 at South Pole, and 40 at Palmer. Occasional 
U.S. tourists visit as well, under the overall responsibility of the 
National Science Foundation [NSF]. NSF and the National Oceanic and 
Atmospheric Administration [NOAA] are the main scientific agencies, and 
the logistics and icebreaking support is provided by the Navy and Coast 
Guard.
  The Antarctic provides scientists with a truly unique laboratory to 
conduct research that cannot be carried out anywhere else. During my 
visit I was impressed by a number of dedicated scientists operating 
under difficult circumstances to help us to understand better our 
global environment. I witnessed NOAA's ozone hole research at the South 
Pole, the sampling of ice cores at the Newell Glacier along the coast, 
and marine biology investigations at McMurdo. Much of this research has 
implications for the long term survival of human beings.
  We must recognize, however, that such scientific endeavors need to be 
carried out with great care in an environment as fragile as 
Antarctica's. This is essential if Antarctica is to remain a natural 
reserve that is of great scientific value for generations to come. 
While much has been done in recent years to improve the environmental 
soundness of U.S. operations there, the Antarctic Science, Tourism, and 
Conservation Act of 1996 will help to ensure that present and future 
U.S. activities comply with the highest environmental standards. 
Implementation of the protocol is long overdue, and I am hopeful that 
we can enact this bill very soon.

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