[Congressional Record Volume 142, Number 123 (Tuesday, September 10, 1996)]
[House]
[Pages H10140-H10144]
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 concur in 
the Senate amendment to the bill (H.R. 3060) to implement the Protocol 
on Environmental Protection to the Antarctic Treaty.
  The Clerk read as follows:
       Senate amendment: Strike out all after the enacting clause 
     and insert:

     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;

[[Page H10141]]

       ``(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'';

[[Page H10142]]

       (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 (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.

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from

[[Page H10143]]

Pennsylvania [Mr. Walker] and the gentleman from California [Mr. Brown] 
each will control 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. 
I, along with the gentlewoman from Maryland [Mrs. Morella], the 
gentleman from Virginia [Mr. Davis], the gentleman from California [Mr. 
Brown], and 16 other members from the Committee on Science, 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, the House passed H.R. 3060 on June 10, 1996 by a vote 
of 352 to 4. Yesterday the Senate sent back to us by unanimous consent 
the bill with a minor addition, a provision calling for a study of the 
amount of money the National Science Foundation spends on Arctic and 
Antarctic research. The Senate provision is noncontroversial and in no 
way impacts the provisions of the underlying bill.
  H.R. 3060 enjoys universal support. The League of Conservation 
Voters, the Antarctic Project, the World Wildlife Fund, Greenpeace, the 
Sierra Club, and the Antarctic and Southern Ocean Coalition have all 
endorsed the bill. The National Science Foundation and the Department 
of State have also testified in support of enactment of H.R. 3060. In 
fact the Sierra Club calls this legislation a ``tremendous 
achievement.''
  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.
  In 1991 the consultative parties agreed to strengthen the Antarctic's 
environment protections through a Protocol on Environmental Protection. 
The protocol builds on 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 specifically for peaceful 
purposes and accords priority to scientific research among the 
permitted activities.
  The 1991 protocol 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. Two previous 
Congresses failed to pass the needed instruments of ratification for 
the 1991 Environmental Protocol to the Antarctic Treaty to take effect.
  As with the safe drinking water reauthorization, the House has a 
historic opportunity to pass long overdue environmental legislation. I 
urge my colleagues to join me in voting to send H.R. 3060 to the 
President for his signature.
  Madam Speaker, I reserve the balance of my time.
  Mr. BROWN of California. Madam Speaker, I yield myself such time as I 
may consume.
  (Mr. BROWN of California asked and was given permission to revise and 
extend his remarks.)
  Mr. BROWN of California. Madam Speaker, I rise also in strong support 
of H.R. 3060. Passage of this bill, as the gentleman from Pennsylvania 
[Mr. Walker] indicated, will allow the United States to implement the 
Protocol on Environmental Protection to the Antarctic treaty.
  The Antarctic Environmental Protection Act passed the House last June 
with strong bipartisan support. The bill before the House today is a 
slightly modified version of that bill, which was recently approved by 
the other body. Final passage of H.R. 3060 today will help ensure the 
preservation of one of the last pristine regions of the Earth and will 
ensure that Antarctica's enormous value as a scientific laboratory is 
not degraded.
  I want to congratulate the chairman of the Committee on Science, the 
gentleman from Pennsylvania [Mr. Walker], for his efforts to develop 
this bill and to bring it to final passage today. I have been pleased 
to work cooperatively with him on what has truly been a bipartisan 
effort. The culmination of this process is a bill that enjoys the 
support of Antarctic scientists, environmentalists and the Federal 
agencies responsible for administering the U.S. national program in 
Antarctica.
  The proponents of H.R. 3060 all recognize the importance of 
protecting Antarctica as a unique world resource while allowing the 
valuable research carried on there to go forward. The Environmental 
Protocol designates Antarctica as a natural preserve devoted to peace 
and science and sets forth environmental protection principles and 
specific rules applicable to all human activities on the continent. 
Final ratification of the protocol by the United States, which becomes 
possible with passage of H.R. 3060, 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 the 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. Madam Speaker, I thank the gentleman for yielding me 
the time, I thank him for his leadership on this issue and for the 
leadership of the gentleman from California [Mr. Brown], ranking 
member, on this issue.
  Madam Speaker, this is truly a landmark day for those of us who are 
seeking protection of the antarctic environment.
  For the past 5 years, those of us who have been ardent longtime 
supporters for the preservation of the Antarctic Continent and its 
surrounding seas, have been working diligently toward this day.
  Now with the passage of this bill today, and the President's 
subsequent signature into law, we will have finally achieved our 
objective since the United States began consideration of the 
implementation of the 1991 Protocol on Environmental Protection of the 
Antarctic Treaty.
  While the United States is taking one small environmental step today, 
it is the Antarctic Continent and the nations with antarctic 
settlements which will be on the verge of taking one giant collective 
leap forward to protect the antarctic environment from the adverse 
effects of human activities.
  After U.S. ratification of the Antarctic Treaty is enacted, and its 
eventual passage in the remaining 5 of 26 countries, the treaty will 
become fully enforceable.
  Having had the opportunity to personally visit and participate in 
studies in Antarctica, under the guidance of the National Science 
Foundation, I clearly understand the need to reinforce the status of 
Antarctica as a natural reserve devoted to peace and science.
  Antarctica provides the world with an unmatched natural laboratory 
for scientific research.
  This international research is making invaluable contributions to our 
insights into the history of the Earth, the evolution of our universe, 
world climate change, global ocean circulation, ozone depletion, and 
astronomy, among many other very important planetary issues.
  There are, however, pressures on the antarctic environment from the 
effect of human activity, which has risen fairly dramatically since 
research activities have intensified over the past few decades.
  Today, there are more scientific stations on the continent, housing 
more scientists and support personnel, than ever.
  Coupled with an increasing rise in antarctic tourism, additional 
pressures are made daily to this very unique and delicate environment.
  The need to move forward on implementing the protocol is pressing and 
is never more compelling than now.
  As world leaders in environmental stewardship, it is paramount that 
the United States join the other 20 current signatory parties that have 
enacted

[[Page H10144]]

ratification of the protocol in their nation's legislative bodies.
  It should also be noted, ironically however, that although the 
protocol is not yet in force on the U.S. settlements, we, for the most 
part, already adhere to the protocol tenants.
  For example, NSF already conducts its antarctic activities in a 
manner consistent with the protocol's requirements and already issues 
environmental assessment regulations in compliance with the protocol.
  Madam Speaker, I am a proud original cosponsor and a strong supporter 
of H.R. 3060, the Antarctic Environmental Protection Act.
  H.R. 3060 comprehensively and effectively implements the Antarctic 
Treaty.
  It achieves the appropriate balance between sound environmental 
practices and the promotion of antarctic scientific research.
  It certainly deserves our support today and has already received the 
support of many others.
  Not only is there a strong bipartisan congressional support for the 
bill, but it is also supported by a wide coalition of major 
environmental groups, the administration, and the antarctic research 
community.
  I commend the chairman of the Science Committee, the gentleman from 
Pennsylvania, for his leadership in this effort.
  The committee has played a crucial role in negotiating the language 
in this bill with such disparate groups as the State Department, the 
National Oceanic and Atmospheric Administration, the National Science 
Foundation, the Antarctica Project, the World Wildlife Fund, and 
Greenpeace, among others.
  Madam Speaker, I urge all of my colleagues to support this important 
legislation to implement the Antarctic Environmental Protocol.
  In doing so, we will preserve this fragile and still-developing 
glacier ecosystem for generations to come.

                              {time}  1600

  Mr. BROWN of California. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  Mr. YOUNG of Alaska. Madam Speaker, today the House is considering 
the Senate amendments to H.R. 3060, the Antarctic Science, Tourism and 
Conservation Act of 1996. This bill brings U.S. law in line with the 
international agreement covering Antarctic environmental protection. 
The bill was referred to the House Resources Committee which I chair. 
In an effort to cooperate with the Science Committee, the Resources 
Committee agreed to let the measure be considered by the full House 
without amending the bill.
  In the Senate, my Alaska colleague, Senator Ted Stevens, added an 
important amendment which I support. The Stevens amendment requires 
that the National Science Foundation provide Congress with a Polar 
Research and Policy Study by March 1, 1997. It will provide Congress 
with a status report on the implementation of the Arctic Environmental 
Protection Strategy; a comparison of Federal Arctic and Antarctic 
research efforts; and an assessment of what needs to be done to 
implement the Arctic Research Commission's recommendations for Arctic 
research.
  The Antarctic environment is, of course, very important and I am 
pleased that we are acting on this bill to improve our understanding of 
that continent and its surrounding waters. However, the Arctic also 
faces many difficult resource management issues. These issues include 
how to fairly manage wildlife to meet the needs of native people in the 
Arctic, and how to deal with the massive pollution problems created by 
Soviet industrial and military use of Arctic land and water. The study 
called for in this bill will give us the information we need to 
properly allocate Federal logistical and financial resources in order 
to make sure that the Arctic and those that live there get a fair share 
of Federal research dollars.
  I am glad that the House is acting to clear this bill today, and I 
urge an ``aye'' vote.
  Mr. SCHIFF. Madam Speaker, the Subcommittee on Basic Research, which 
I chair, has responsibility for the National Science Foundation [NSF]. 
NSF is responsible, in part, for conducting research in Antarctica and 
the protection of the environment in this pristine and unique part of 
the world. The subcommittee has recently completed hearings on the 
future of the South Pole Station and the role of NSF in Antarctic 
research.
  I believe it is important to recognize the uniqueness of Antarctica; 
a place where the temperature in winter can exceed -45  deg. F and 
winds can reach 180 miles per hour; a place 1\1/2\ times the size of 
the United States. Antarctica's associated seas represent nearly 6 
percent of the world's oceans and its ice, 70 percent of the Earth's 
fresh water. Lately, there have been news articles of the discovery of 
a large underground freshwater lake in Antarctica, Lake Vostok, 140 
miles long, 30 miles wide, buried under 9,000 feet of ice and heated by 
the earth's core. And, most recently in the headline news, the 
meteorite that is credited with evidence of life on Mars was discovered 
in Antarctica.
  We have much to learn from this area. The United States has important 
foreign policy, national security, scientific, and environmental 
interests in this vast region. With respect to international 
involvement in the Antarctic, there are seven countries which have 
territorial claims on Antarctica. The United States does not recognize 
these claims and there are 26 consultative parties to the Antarctic 
Treaty. Therefore, as we look to the future, the responsibilities of 
the United States and our commitment to the Antarctic and our role at 
the South Pole Station raises many questions.
  This is one reason why the passage of H.R. 3060 is so important. The 
U.S. Senate gave its advice and consent to ratification of the 
Antarctic protocol in 1992. All that remains for the United States to 
become a party to the protocol is to enact the necessary implementing 
legislation. The protocol will activate when all 26 of the Antarctic 
Treaty consultative parties implement it. So far, 20 of the 
consultative parties have done so. The United States' ratification will 
provide impetus for the remaining five to join, as well.
  I am proud to have been an original cosponsor of this bill. I want to 
commend Chairman Walker for his leadership on this issue. I also want 
to point out that this has been a bipartisan issue. Mr. Brown and Mr. 
Cramer have been very supportive in our efforts to protect, understand, 
and research the continent of Antarctica.
  I urge my colleagues to support this legislation.


                             general leave

  Mr. WALKER. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on the Senate amendments to H.R. 3060.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. WALKER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Miller of Florida). The question is on 
the motion offered by the gentleman from Pennsylvania [Mr. Walker] that 
the House suspend the rules and concur in the Senate amendment to H.R. 
3060.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendment was 
concurred in.
  A motion to reconsider was laid on the table.

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