[Congressional Record Volume 142, Number 84 (Monday, June 10, 1996)]
[House]
[Pages H6084-H6089]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ANTARCTIC ENVIRONMENTAL PROTECTION ACT OF 1996
Mr. WALKER. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 3060) to implement the Protocol on Environmental Protection
to the Antarctic Treaty.
The Clerk read as follows:
H.R. 3060
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 Environmental
Protection Act of 1996''.
TITLE I--AMENDMENTS TO THE ANTARCTIC CONSERVATION ACT OF 1978
SEC. 101. FINDINGS AND PURPOSE.
Section 2 of the Antarctic Conservation Act of 1978 (16
U.S.C. 2401) is amended to read as follows:
``SEC. 2. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds that the Antarctic
Treaty and the Protocol on Environmental Protection to the
Antarctic Treaty establish a firm foundation for the
comprehensive protection of the Antarctic environment, the
continuation of international cooperation, and the freedom of
scientific investigation in Antarctica.
``(b) Purpose.--The purpose of this Act is to provide
legislative authority to implement, with respect to the
United States, the Protocol on Environmental Protection to
the Antarctic Treaty.''.
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 a historic site or monument pursuant to
Annex V to the Protocol;
[[Page H6085]]
``(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
[[Page H6086]]
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 Environmental Protection 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 Environmental Protection 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 Environmental Protection 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
Environmental Protection 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--AMENDMENTS TO ANTARCTIC PROTECTION ACT OF 1990
SEC. 201. FINDING AND PURPOSE.
Section 2 of the Antarctic Protection Act of 1990 (16
U.S.C. 2461) is amended to read as follows:
``SEC. 2. FINDING AND PURPOSE.
``(a) Finding.--The Congress finds that the Protocol on
Environmental Protection to the Antarctic Treaty prohibits
indefinitely Antarctic mineral resource activities.
``(b) Purpose.--The purpose of this Act is to provide
legislative authority to implement, with respect to the
United States, Article 7 of the Protocol on Environmental
Protection to the Antarctic Treaty.''.
SEC. 202. PROHIBITION OF ANTARCTIC MINERAL RESOURCE
ACTIVITIES.
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
[[Page H6087]]
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''.
SEC. 203. ADDITIONAL AMENDMENTS.
(a) Repeals.--Sections 5 and 7 of the Antarctic Protection
Act of 1990 (16 U.S.C. 2464 and 2466) are repealed.
(b) Redesignation.--Section 6 of the Antarctic Protection
Act of 1990 (16 U.S.C. 2465) is redesignated as section 5.
TITLE III--AMENDMENTS TO THE ACT TO PREVENT POLLUTION FROM SHIPS
SEC. 301. AMENDMENTS.
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania [Mr. Walker] and the gentleman from California [Mr. Brown]
each will be recognized for 20 minutes.
The Chair recognizes the gentleman from Pennsylvania [Mr. Walker].
Mr. WALKER. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today to bring before the House of
Representatives H.R. 3060, the Antarctic Environmental Protection Act
of 1996. I, along with Congresswoman Connie Morella, Congressman Tom
Davis, Congressman George Brown, and 16 other members from the Science
Committee, introduced H.R. 3060 on March 12, 1996, to enable the United
States to implement the 1991 Protocol on Environmental Protection to
the Antarctic Treaty.
Madam Speaker, Antarctica is a true environmental and scientific
treasure. It is a wilderness of vast proportions, accounting for 10
percent of the total land mass of the world, more than the United
States and Mexico combined. From penguins to killer whales, Antarctica
is also home to an abundance of fish and wildlife. Equally important,
Antarctica's mile-deep sheet of ice and snow stores an estimated 90
percent of the Earth's fresh water. This vast frozen glacier influences
sea level, global tides, and atmospheric processes.
Antarctica is not just a natural wonder but an almost boundless
scientific laboratory which has already yielded great insights on the
nature of the world we inhabit. Antarctica is the ideal platform for
scientific research on complex questions of atmospheric chemistry and
thermodynamics which will increase our understanding of global
environmental phenomena such as climate change, ocean circulation, and
stratospheric ozone depletion. Antarctica also can increase our
understanding of the forces of evolution and produce commercialization
opportunities in the field of biochemistry through biological
breakthroughs such as the discovery of fish containing antifreeze
proteins hundreds of times more effective than their synthetic chemical
counterparts.
There is little question that the scientific value of Antarctica is
directly tied to the pristine nature of its environment. Conversely,
much of the research done in the Antarctic is vital to the
understanding of our global environment. If we impose too onerous
restrictions on American researchers, our ability to understand the
world's environment will suffer. H.R. 3060 charts a middle course, one
that I am confident will preserve Antarctica as the Earth's best
environmental laboratory.
Madam Speaker, H.R. 3060 provides the legislative authority necessary
for the United States to implement the 1991 Protocol on Environmental
Protection to the Antarctic Treaty. The protocol represents an
important addition to the uniquely successful system of peaceful
cooperation and scientific research that has evolved under the
Antarctic Treaty of 1959. Originally, 12 nations including the United
States and the Soviet Union signed the landmark treaty, which entered
into force June 23, 1961, preserving Antarctica as a peaceful haven for
scientific research at the height of the cold war. Since that time, 14
additional nations have acceded to the treaty, making up the current
list of 26 consultative parties.
In 1991 the consultative parties agreed to strengthen the Antarctic's
environmental protections through a Protocol on Environmental
Protection. The protocol builds upon the Antarctic Treaty in an effort
to improve the treaty's protections for the Antarctic environment. The
protocol reaffirms the treaty's use of Antarctica exclusively for
peaceful purposes and accords priority to scientific research among the
permitted activities.
The protocol prohibits mineral resource activities, other than for
scientific research, in Antarctica. Its annexes, which form an integral
part of the protocol, set out specific rules on environmental impact
assessment, conservation of Antarctic fauna and flora, waste disposal
and management, the prevention of marine pollution, and area protection
and management.
[[Page H6088]]
The protocol, however, is not self-executing. It requires each of the
consultative parties to enact instruments of ratification to codify the
terms of the protocol before it can enter into force.
To date, 20 of the 26 consultative parties have ratified the
protocol. The six nations which have yet to take action are: Belgium,
Finland, India, Japan, Russia, and of course the United States. The
United States took its first step to ratifying the protocol in 1992
when the U.S. Senate gave its advice and consent to ratification of the
protocol. Now, the United States must enact the Antarctic Environmental
Protection Act of 1996 to become a party to the protocol. Passage of
H.R. 3060 will be a powerful incentive to Belgium, Finland, India,
Japan, and Russia to expeditiously ratify the protocol.
Madam Speaker, the two previous Congresses failed to ratify the 1991
Environmental Protocol to the Antarctic Treaty. Time is running out.
The 104th Congress has a historic opportunity to protect the Earth's
largest remaining wilderness. The rest of the world is waiting to see
if the United States is serious about protecting Antarctica.
H.R. 3060 now has over 28 cosponsors, I want to thank, in particular,
Congresswoman Morella and Congressman Brown for their tireless support
of this bill. This legislation has been a truly bipartisan effort and
is a testament to what can be accomplished when rhetoric is replaced by
reason.
Madam Speaker, I am proud to say that H.R. 3060 enjoys universal
support. Today, all Members should have received in their offices a
letter from the League of Conservation Votes, the Antarctic Project,
World Wildlife Fund, Greenpeace, Sierra Club, and the Antarctic and the
Southern Ocean Coalition, urging them to support the bill. The National
Science Foundation and the Department of State have also testified in
support of enactment of H.R. 3060.
Madam Speaker, if you care about environmental research,
environmental conservation or simply support living up to U.S.
international commitments, you should support H.R. 3060. I urge all my
colleagues to join me in voting for H.R. 3060.
{time} 1600
Madam Speaker, I reserve the balance of my time.
Mr. BROWN of California. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, I rise in strong support of H.R. 3060, which will
allow the United States to implement the Protocol on Environmental
Protection to the Antarctic Treaty.
I am pleased that the Science Committee has acted on a bipartisan
basis to help preserve one of the last pristine regions of the globe
and to ensure that Antarctica's enormous value as a scientific
laboratory is not degraded. I congratulate Chairman Walker for moving
the bill expeditiously in committee and for his efforts in working with
the other committees of jurisdiction in order to bring the bill before
the House with dispatch.
The Antarctic Treaty has been a noteworthy success for more than 35
years in providing a framework for international collaboration in
scientific research. The Environmental Protocol builds on the Antarctic
Treaty to extend and improve the treaty's effectiveness for ensuring
the protection of the Antarctic environment. It designates Antarctica
as a natural reserve, devoted to peace and science, and sets forth
environmental protection principles and specific rules applicable to
all human activities on the continent.
The need to protect the Antarctic environment is fully understood by
the scientists from many nations who conduct research there in a broad
range of areas in the physical and biological sciences. Antarctica is
especially important as a research platform for studies of world
climate and global environmental change. But it is also a unique
laboratory for research in specialized areas of astronomy and
astrophysics and in biology for studying such effects as adaptation of
organisms under environmental extremes. Failure to ratify the protocol
could impair much of this research.
The Antarctic Treaty parties have devised the Environmental Protocol
to provide a set of principles and procedures that will ensure that all
nations institute effective environmental safeguards. The protocol has
received broad support because it was developed through consultation
with the research community and with the nongovernmental organizations
that are advocates for the environment.
The protocol was signed in 1991 and was approved by the Senate well
over 3 years ago. It is time--it is past time for the United States to
move forward to final ratification.
The remaining hurdle to ratification is the requirement to provide
new legislative authority to enable enforcement by Federal agencies of
all provisions of the protocol. There has been disagreement in the past
about how best to ensure that the provisions of the Environmental
Protocol are enforced, while avoiding excessive disruption to the
Antarctic research program. But as was confirmed by a hearing before
the Science Committee this past April, we now have in H.R. 3060 a bill
which finds an acceptable compromise for balancing environmental
protection concerns against the value of the scientific research
program.
H.R. 3060 has been endorsed by scientists, by environmentalists, and
by the Federal agencies responsible for administering the U.S. national
program in Antarctica. All recognize the importance of protecting this
unique world resource, while allowing the valuable research carried out
there to go forward. Passage of H.R. 3060 today by the House will move
the United States closer to final ratification of the protocol and will
help spur action by the remaining nations which have not completed
ratification.
Madam Speaker, H.R. 3060 is a bipartisan bill that will ensure that a
sensible and comprehensive environmental protection regime is
instituted to govern all international activities conducted in
Antarctica. The bill has been enthusiastically endorsed by those most
affected by its provisions and closest to the issues involved. I urge
my colleagues to support passage of this measure.
Madam Speaker, I reserve the balance of my time.
Mr. WALKER. Madam Speaker, I yield 5 minutes to the gentlewoman from
Maryland [Mrs. Morella].
Mrs. MORELLA. I thank the gentleman for yielding me the time.
Madam Speaker, as an ardent long-time supporter for the protection of
the Antarctic Continent and its surrounding seas, I am proud to be a
very strong original cosponsor of H.R. 3060, the Antarctic
Environmental Protection Act.
It is now 4\1/2\ years since the United States signed the Antarctic
Treaty and the Antarctic Treaty consultative parties opened for
signature and protocol on environmental protection. This protocol,
which was initiated by the United States, has been under consideration
by Congress during both the Bush administration and the early years of
the Clinton administration, but has not been ratified by Congress. This
bill would do that.
I am extremely grateful for the encouragement, prompt response and
the leadership shown by Chairman, Bob Walker. I also want to thank the
ranking member, George Brown, and the other cosponsors of this bill.
The bill reflect diligent work with the National Science Foundation,
the State Department and a group of four environmental organizations
which monitor Antarctic activities to produce a bill which succinctly
lays out the specifics for guaranteeing environmental protection of the
Antarctic and its reservation for purely scientific research. It has
truly been a cooperative effort among all interested parties.
I think that the most spectacular benefit has been that the bill that
we see before us represents a no-reservations consensus. I want to
personally thank Chairman Walker, who has been so positive in leading
this process forward. it does show we can work together on a bipartisan
basis.
Madam Speaker, many of us feel that Antarctica is very, very far
away. I visited there 2 years ago. After the long flight to New
Zealand, a brief stop to suit up at Christchurch, and then a 2,400 mile
flight to McMurdo Station, I too, felt it was a long way from
Washington. However, the Antarctic symbolize the essence of basic
science research in which the United States as clearly established a
leadership role.
[[Page H6089]]
Presently, 20 countries out of the 26 of the Antarctic Treaty
consultative parties have signed the protocol. Most of these countries
signed the treaty at Madrid on October 4, 1991. With passage of H.R.
3060 today and, hopefully, swift agreement with the Senate bill that
passed the Commerce Committee last week, America will act as a beacon
to guide the remaining countries, Russia, Japan, India, Belgium and
Finland, to complete the action.
This protocol reaffirms the treaty's reservation of the Antarctic as
an area set aside for peaceful purposes and specifically for scientific
research. It will protect fauna and flora from the effects of human
activities, impose strict limits on the discharge of pollutants, and
require environmental impact assessments of all planned governmental
and nongovernmental activities. It also protects the Antarctic from all
activities except scientific research relating to mineral resources for
at least 50 years, unless the there is unanimous agreement of the
treaty parties.
Let me just briefly highlight a few of the 136 exciting and unique
scientific experiments currently going on in Antarctica or dependent on
it. These are activity supported by the National Science Foundation.
For example, there is research by an Augustana College geologist
involving a hunt for dinosaurs and other animal remains from as early
as the Triassic period.
Equally intriguing is research led by the University of Wisconsin and
the University of California at Berkeley and Irvine, with others, using
the largest neutrino detector on earth to look for those high energy
subatomic particles that are spawned by supernovas or other sources
beyond our galaxy.
The West Antarctic ice cover is being studied by the University of
Texas at Austin, again with others, for its rapid and dramatic changes
that can lend insight into our effort to learn about the potential rise
in sea level across the globe.
Then, too, studies led by Johns Hopkins University involve the launch
of one of the world's largest solar telescopes beneath a huge balloon
to help understand magnetic fields at the sun's surface.
On a more commercial note, a Coast Guard ship is now being built in a
partnership with the National Science Foundation. This is an unusual
cooperative adventure, and construction is now underway.
I urge the House to pass H.R. 3060 as a major step toward carrying
out our treaty obligations agreed to in 1991. With support from the
House Committee on Science, the Department of State, the National
Science Foundation, and representatives from the Antarctica Project,
Greenpeace U.S., Greenpeace International, and the World Wildlife Fund,
this legislation will establish and codify the work of many nations in
the Antarctic.
Madam Speaker, I urge support of this House for the legislation.
general leave
Mr. BROWN of California. Madam Speaker, I ask unanimous consent that
all Members have 5 legislative days to revise and extend their remarks
in connection with the bill before us.
The SPEAKER pro tempore (Ms. GREENE of Utah). Is there objection to
the request of the gentleman from California?
There was no objection.
Mr. SCHIFF. Madam Speaker, the bill before us today is H.R. 3060, the
Antarctic Environmental Protection Act of 1996. As chairman of the
Basic Research Subcommittee, our committee has jurisdiction over the
National Science Foundation, the agency who will be most impacted by
this bill. They strongly support this bill and my compliments to both
sides of the aisle for all their hard work on crafting this
legislation.
H.R. 3060 provides the legislative authority necessary for the United
States to implement the 1991 Protocol on Environmental Protection to
the Antarctic Treaty. The protocol, which resulted from a United States
initiative, represents an important addition to the uniquely successful
system of peaceful cooperation and scientific research that has evolved
under the Antarctic Treaty.
The U.S. Senate gave its advice and consent to ratification of the
protocol in 1992. All that remains for the United States to become a
party to the protocol is to enact the necessary implementing
legislation.
Implementation of the protocol has been a priority of both
Republicans and Democrats since the protocol was negotiated in 1991.
The protocol builds upon the Antarctic Treaty to improve the treaty's
effectiveness for ensuring the protection of the Antarctic environment.
I feel this bill reflects America's continued commitment to the
protection of the Antarctic environment. I urge my colleagues to
support the bill.
Mr. PORTER. Madam Speaker, I rise in strong support of H.R. 3060.
This bill will implement the Protocol on Environmental Protection to
the Antarctic Treaty that the United States and 25 other countries
agreed to in 1991. The protocol builds upon the Antarctic Treaty to
extend and improve the treaty's effectiveness as a means for protecting
the Antarctic environment.
The Antarctic Continent is larger than the United States and Mexico
combined and represents 10 percent of the Earth's land mass. Antarctica
has a central role in regulating the Earth's environmental processes
and possesses an abundance of fish and wildlife. The unique nature of
the region also provides a research environment that is crucial to
understanding and monitoring global warming, ozone depletion and
atmospheric pollution.
The protocol reaffirms the status of the Antarctica as an area
reserved exclusively for peaceful purposes, including in particular
scientific research, and sets forth a comprehensive, legally binding
system of environmental protection applicable to all human activities
in Antarctica. In addition, by ratifying this protocol, the United
States is providing international leadership. Of the 26 nations that
signed the protocol, only 22 have ratified it. With the U.S.
commitment, it is believed that the remaining three countries will soon
become parties to the protocol.
I urge all Members to support this importance legislation.
Mr. BROWN of California. Madam Speaker, I have no further requests
for time, and I yield back the balance of my time.
Mr. WALKER. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Walker) that the House suspend the
rules and pass the bill, H.R. 3060.
The question was taken.
Mr. WALKER. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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